Madhya Pradesh High Court
Kajod vs The State Of Madhya Pradesh on 3 December, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-43731-2019
(KAJOD Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :03/12/2019
Shri Rajesh Pathak, learned counsel for the applicant.
Shri Purushottam Pandey, Public Prosecutor for the
respondent-State.
Case diary perused.
The applicant has filed this second application u/S.439, Cr.P.C. for grant of bail after dismissal of earlier one as withdrawn vide order dated 26.07.2019 passed in M.Cr.C. No.24662/2019 with liberty to file afresh after filing of charge-sheet.
The applicant has been arrested by Police Station Kotwali, District Guna (M.P.), in connection with Crime No.408/2019 registered in relation to the offence punishable u/S.8/21 of NDPS Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed the offence in any manner. It is further submitted that only 275 grms. smack has been seized from the possession of the present applicant. The applicant is in custody since 28/04/2019. The investigation in the matter is over by filing of charge-sheet. It is submitted by the counsel for the applicant that the applicant is 55 years old and is ready and willing to abide by all the terms and conditions as may be THE HIGH COURT OF MADHYA PRADESH MCRC-43731-2019 (KAJOD Vs THE STATE OF MADHYA PRADESH) imposed by this Court, therefore, he prayed for grant of bail.
Learned Public Prosecutor for the respondent/State has opposed the prayer and has contended that such types of crimes are increasing in the society and destroying the lives of youngsters, the applicant has been found in possession of contraband articles. He fairly submits that there is no criminal antecedents against the present applicant. He admits that investigation in the matter is over and charge-sheet has been filed but he prays for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary it is seen that the applicant is in custody since 28/04/2019 and 275 grams smack has been seized from the possession of the present applicant and the applicant is first offender as there is no criminal antecedents against the present applicant, but without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on THE HIGH COURT OF MADHYA PRADESH MCRC-43731-2019 (KAJOD Vs THE STATE OF MADHYA PRADESH) bail on his furnishing a personal bond of Rs.3,00,000/-(Rupees Three Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Vishal Mishra)
vpn Judge
VIPIN KUMAR
AGRAHARI
2019.12.04
11:03:38 +05'30'