Bablu Mahanand @ Bablu Nanda vs The State Of Madhya Pradesh on 28 August, 2023

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Madhya Pradesh High Court

Bablu Mahanand @ Bablu Nanda vs The State Of Madhya Pradesh on 28 August, 2023

Bench: Anuradha Shukla

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                     ON THE 28 th OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 38261 of 2023

BETWEEN:-
1.    BABLU MAHANAND @ BABLU NANDA S/O
      ISHWAR MAHANAND @ KISHORE, AGED ABOUT
      38 YEARS, OCCUPATION: LABOR

2.    ANIRUDHA SUNA S/O VIRANCHI SUNA, AGED
      ABOUT 39 YEARS, OCCUPATION: LABOR

3.    BHAGWAN S/O ANIL KUMBHAR, AGED ABOUT 24
      YEARS, OCCUPATION: LABOR

      ALL R/O UDEPUR POST BADCHHAPAWALI PS
      KANTAMAL DISTT. BOUDH (ODISA)

                                                               .....APPLICANTS
(BY SHRI JEETENDRA K. CHAURASIYA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
KOTWALI DISTRICT PANNA (MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SMT. RANJANA AGNIHOTRI - DEPUTY GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                   ORDER

This is first bail application filed by the applicants under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.264/2023 dated 13.04.2023 registered at Police Station Kotwali, District Panna for the offence under Sections 8/20 and 15 of NDPS Act.

Learned counsel for applicants has submitted that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicants are in custody since 13.04.2023 and the trial would take considerable time to conclude. The applicants are permanent residents of the district and there is no likelihood of their absconding or tampering with prosecution evidence. They are ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. On these grounds, the applicants may be enlarged on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary.

According to prosecution, 21 kgs of Ganja was seized from the joint possession of applicants.

Looking to the proceedings conducted regarding seizure and taking the samples of contraband, this Court finds it to be a fit case to release the applicants on bail, therefore, without commenting on the merit of the case and on grounds of parity, the application is allowed.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety in the like amount each to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.

 Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.08.28 18:09:09 +05'30'   3
Adobe Reader version: 11.0.8            (ANURADHA SHUKLA)
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