Back
2024 Supreme(Online)(MP) 56131
HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
Sonu Alias Anil Kumar Vishwakarma – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 4167/2024
,Advocate General
AN ACCUSED IS ENTITLED TO BAIL IF THE COURT IS SATISFIED THAT FURTHER PRE-TRIAL DETENTION IS NOT WARRANTED.
Headnote:
BAIL - NDPS ACT - SECTION 439 CRPC - REGULAR BAIL - APPLICANT WAS NEITHER APPREHENDED ON THE SPOT, NOR ANY CONTRABAND WAS SEIZED FROM HIS POSSESSION - HE HAS BEEN ARRESTED ALMOST AFTER THREE MONTHS OF THE INCIDENT - HELD, IT IS A CASE IN WHICH FURTHER PRE-TRIAL DETENTION OF THE APPLICANT IS NOT WARRANTED.
Fact of the Case:
APPLICANT WAS ARRESTED IN CONNECTION WITH AN FIR REGISTERED FOR OFFENCES UNDER THE NDPS ACT AND THE M.P. DRUG CONTROL ACT. THE PROSECUTION ALLEGED THAT THE APPLICANT WAS APPREHENDED ALONG WITH TWO OTHERS IN A VEHICLE FROM WHICH 1440 BOTTLES OF COUGH SYRUP CONTAINING CODEINE PHOSPHATE WERE SEIZED. THE APPLICANT, HOWEVER, CONTENDED THAT HE WAS NOT PRESENT IN THE VEHICLE AND THAT HE WAS FALSELY IMPLICATED.
Finding of the Court:
THE COURT NOTED THAT THE APPLICANT WAS NEITHER APPREHENDED ON THE SPOT, NOR ANY CONTRABAND WAS SEIZED FROM HIS POSSESSION. THE COURT ALSO NOTED THAT THE APPLICANT WAS ARRESTED ALMOST THREE MONTHS AFTER THE INCIDENT.
Issues: WHETHER THE APPLICANT WAS ENTITLED TO BAIL.
Ratio Decidendi: THE COURT HELD THAT IT WAS A CASE IN WHICH FURTHER PRE-TRIAL DETENTION OF THE APPLICANT WAS NOT WARRANTED. THE COURT CONSIDERED THE FACT THAT THE APPLICANT WAS NEITHER APPREHENDED ON THE SPOT, NOR ANY CONTRABAND WAS SEIZED FROM HIS POSSESSION. THE COURT ALSO CONSIDERED THE FACT THAT THE APPLICANT WAS ARRESTED ALMOST THREE MONTHS AFTER THE INCIDENT.
Final Decision: THE COURT ALLOWED THE APPLICANT'S BAIL APPLICATION AND DIRECTED THAT HE BE RELEASED ON BAIL ON FURNISHING A PERSONAL BOND AND A SOLVENT SURETY.
ORDER
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.737/2023, dated 11.10.2023, registered at Police Station - Rampur Baghelan, District - Satna (M.P.) for commission of offence punishable under Section 8-B, 21, 22 of NDPS Act and Section 5/13 of M.P. Drug Control Act. Applicant is in detention since 02.01.2024. 2. As per the prosecution story, on 11.10.2023 on the basis of secret information received through informer one Scorpio vehicle bearing registration No.UP-80-BK-0570 was intercepted. One person alighted from the vehicle and fled away, while three others were apprehended. They introduced themselves as Kailash Patel, Rishiraj Patel and Sachin Patel @ Bajrangi. In search of vehicle, 1440 bottles of Onrex cough syrup containing codeine phosphate was seized. FIR was registered. 3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No contraband was seized from his possession. He was not found driving the car. The entire story has been falsely woven. Therefore, it is prayed that the applicant may be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and has submitted that present applicant had fled away from the spot.
5. In this case, applicant was neither apprehended on the spot, nor any contraband was seized from his possession. He has been arrested almost after three months of the incident. Therefore, having taken into consideration all the facts and circumstances of the case including the fact that trial of the case will take considerable time, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 6 . I t is directed that applicant - Sonu Alias Anil Kumar Vishwakarma be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
