Sunil Patel vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1142

IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Sunil Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58793 of 2022
Decided On : 12-12-2022

Advocates Appeared:
Chandra Shekhar Patel, Advocate, Vivek Lakhera, Advocate
Final Result : Allowed

Headnote:
Bail Application - Narcotic Drugs And Psychotropic Substances Act, 1985 - The court allowed the bail application of the applicant under Section 439 of the Code of Criminal Procedure, 1973, considering the material contradictions in the evidence of the Investigating Officer and the absence of criminal history of the applicant.
Fact of the Case:

The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with a case registered under the Narcotic Drugs And Psychotropic Substances Act, 1985. The applicant claimed innocence and cited the lack of support from seizure witnesses and the Investigating Officer's contradictory evidence.
Finding of the Court:

The court, after considering the material available on record and the contradictions in the evidence of the Investigating Officer, granted bail to the applicant without commenting on the merits of the case.
Issues: The main issue was whether the applicant should be granted bail in connection with the offence punishable under Section 8/20 of the Narcotic Drugs And Psychotropic Substances Act, 1985.
Ratio Decidendi: The court's decision was influenced by the material contradictions in the evidence of the Investigating Officer and the absence of criminal history of the applicant, leading to the conclusion that it was a fit case to extend the benefit of bail to the applicant.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and sureties, with the condition of compliance with the provisions of Section 437(3) of the Cr.P.C.

JUDGMENT

Vivek Agarwal, J. - This fourth bail application is filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.76/2022 registered at Police Station Civil Line, District Chhatarpur for the offence punishable under Section 8/20 of the Narcotic Drugs And Psychotropic Substances Act, 1985.

2. It is submitted by learned counsel for the applicant that the applicant is innocent. He is falsely implicated in this case. Earlier three bail applications have been dismissed by this Court as withdrawn. He is in custody since 3.2.2022.

3. Seizure witnesses have been examined. They have not supported the prosecution case and have turned hostile. Sub Inspector Rajkumar Yadav, Investigating Officer of the case, too has been examined. There are no changes of tempering with the evidence. 4.950 Kilogram of Cannabis has been recovered from the possession of the applicant. There is no criminal history of the applicant. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

4. Learned Government Advocate for the State, in his turn, opposes the bail application.

5. After hearing learned counsel for the parties and considering the material available on record and keeping in view the fact that there are material contradictions in the evidence of Sub Inspector Rajkumar Yadav, Investigating Officer of the case, this Court is of the opinion that this is a fit case to extend benefit of bail to the applicant. Hence, without commenting on the merits of the case, this bail application is allowed.

6. It is directed that applicant Sunil Patel be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

7. Certified copy as per rules.

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