Madhya Pradesh High Court
Hardeep Singh vs Union Of India on 14 July, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 14th OF JULY, 2022
MISC. CRIMINAL CASE No. 31317 of 2022
Between:-
HARDEEP SINGH
S/O SHRI GURMEET SINGH
1. AGED ABOUT 27 YEARS,
OCCUPATION: AGRICULTURIST
VILLAGE GALKHURD (PUNJAB)
GURPINDAR SINGH
S/O JAGDEV SINGH ,
2. AGED ABOUT 25 YEARS,
OCCUPATION: AGRICULTURIST
VILLAGE THETHARKALA (PUNJAB)
.....PETITIONER
(ABHAY SARASWAT, LEARNED COUNSEL
FOR THE PETITIONER )
AND
UNION OF INDIA
THROUGH CBN NEEMUCH (MADHYA PRADESH)
.....RESPONDENTS
(MANOJ KUMAR SONI, LEARNED COUNSEL FOR THE
RESPONDENT )
This application coming on this day for orders the court
passed the following:
ORDER
2 Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. They are in Jail since 18.4.2022 in connection with Crime No. 6/2022 registered at P.S. - CBN Neemuch District Neemuch (M.P.) for commission of offence punishable under Section 8/18(C), 25 & 29 of NDPS Act.
As per the prosecution story, on 18/4/2022 when the CBN was on routine vehicle checking at that point of time they intercepted one Alto Car bearing registration No. HR-29-L-9153. The present applicants were sitting in the car . On search, 01.040 kg opium was recovered from the joint possession of the present applicants. Accordingly a case has been registered against the applicant.
Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in this matter. Applicants are in jail since 18.4.2022. They are sole butter earner of their family. The seized quantity of contraband is below than the commercial quantity. The applicants are permanent resident of District Firojpur, Punjab. Investigation is over and charge sheet has been filed. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submiting that applicant No.2 has 2 criminal antecedents and both applicants are involved in interstate smuggling of narcotics, hence they do not deserve for 3 bail.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that the applicants have no criminal antecedent under the NDPS Act, investigation is over and charge sheet has been filed therefore, no further custodial interrogation from the applicants is required, the seized quantity of contraband is less than the commercial quantity, final conclusion of trial will take considerable long time, I deem it proper to release the applicants on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) each. Both the applicants shall furnish two separate solvent sureties each out of which one should be local in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.
(ANIL VERMA) Digitally signed by JUDGE BHUVNESHWAR DATT JOSHI Date: 2022.07.15 10:16:39 +05'30' 4 BDJ