ORDER

01. This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.237/2023, registered at Police Station Malhargarh, District Mandsaur, for the offences punishable under Sections 8/15, 29 of the NDPS Act.

02. As per the prosecution, on 16.08.2023 on receipt of a secret information, the Police party reached the informed spot and recovered total 53 Kg. of contraband poppy straw from the possession of co-accused Kanhaiyalal and Vishnu which was being transported by them in a motorcycle bearing registration No.RJ-35-SD-7222 without a valid license. Thereafter, their memorandum under Section 27 of the Evidence Act was recorded in which they stated to have procured the contraband from the applicant on the basis of which he has been implicated for the present offence.

03. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Besides the memorandum of co-accused recorded under Section 27 of the Evidence Act, there is no other evidence on record against the applicant. The applicant is not having any criminal antecedents. Co-accused Kanhaiyalal and Vishnu from whom the contraband was recovered have already been enlarged on bail by this Court by different orders passed in different bail applications. It is hence submitted that the applicant be granted the benefit of anticipatory bail.

04. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled for grant of benefit of anticipatory bail.

05. I have heard learned counsel for the parties and have perused the case diary.

06. The implication of the applicant is on the basis of memorandum of co-accused Kanhaiyalal and Vishnu recorded under Section 27 of the Evidence Act. There does not appear to be any other material available on record to connect the applicant with the present crime. Co-accused from whom recovery was made namely, Kanhaiyalal and Vishnu have already been granted the benefit of bail by this Court by order dated 22.03.2024 in M.Cr.C. No.11274/2024 and 11.03.2024 in M.Cr.C. No.811/2024 respectively. Thus in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.

07. It is directed that in the event of arrest of the applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).

08. The applicant shall make himself available for interrogation by a police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.

09. This order shall be subject to the condition that the applicant shall appear before the trial Court on the next date of hearing fixed before it and shall furnish his bail bond.

10. Accordingly, M.Cr.C. stands allowed and disposed off. Certified copy as per rules.

(PRANAY VERMA) JUDGE Shilpa