IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 22^nd OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 42559 of 2022 BETWEEN:-

PRAHLAD KURMI S/O SHRI LALJI KURMI, AGED ABOUT 50 YEARS, OCCUPATION: LABOUR VILLAGE BHAYANA P.S. BATIYAGARH DISTRCT DAMOH MP (MADHYA PRADESH)

.....APPLICANT (BY SHRI JAFAR KHAN, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR POLICE STATION NOHATA DIST DAMOH MP POLICE STATION NOHATA DIST DAMOH MP (MADHYA PRADESH)

.....RESPONDENT (BY SHRI SHIV KUMAR SHRIVASTAVA, GOVERNMENT ADVOCATE)

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

ORDER

This is second application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 24.11.2021 in connection with Crime No.610/2021 registered at Police Station Nohata, District Damoh for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "N.D.P.S.Act") after Signature Not Verified SAN rejection of the first bail application as withdrawn vide order dated

4.2.2022.

Learned counsel for the applicant submits that the applicant is innocent. He is falsely implicated in this case. He is in custody since 24.11.2021. The quantity of contraband Ganja seized from the present applicant is 4.900 Kilogram. Seizure witnesses have been examined. There is material contradiction in their testimony. Reading Paragraph 10 of the cross-examination of Seizure Witness Sandeep Singh Rajput wherein he admits that the photographs of articles were taken in day light whereas this witness had gone to a fruit vendor shop to bring an electric weighting machine at night at about 11:00 PM on 14.11.2021. Another Seizure Witness Manish Athiya admits in his cross-examination that he is a Driver of the Constable Shyam Sunder Dubey. He occasionally drives his vehicle whenever Constable Shyam Sunder Dubey takes a private car for officail work. Reading the aforesaid evidence, it is submitted that both the Seizure Witnesses of the prosecution are pocket witnesses. The quantity of contraband is minimum. There is no criminal history of the present applicant. Only five prosecution witnesses have been examined till now. Trial will take time for its conclusion. Hence prayer is made to enlarge the applicant on bail.

Learned Government Advocate for the State on the other hand opposes the bail application.

After hearing counsel for the parties and considering other facts &

circumstances of the case and keeping in view the material contradiction in Signature Not Verified the testimony of the Seizure Witnesses, the period of custody of the Digitally signed by AMIT JAIN applicant and the quantity of contraband seized, this Court is of the considered opinion that it is a fit case to grant benefit of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.

It is directed that applicant Prahlad Kurmi shall be released on bail on his furnishing a personal bond in sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court for his appearance before the 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.

Certified copy as per rules.

(VIVEK AGARWAL)

JUDGE amit Signature Not Verified