1 THE HIGH COURT OF MADHYA PRADESH MCRC No.14836/2021 (K.P.SINGH (KRISHNA PRATAP SINGH) VS. STATE OF M.P.) Gwalior dtd. 01/04/2021 Shri Nitin Sharma with Ms. Anima Shrivastava, learned counsel for the applicant.
Shri R.B.Tripathi, learned Panel Lawyer for the State. Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 25/02/2021 in connection with Crime No.216/2021 registered by Police Station Cantt., District Guna for offence punishable under Sections 8/21 and 29 of NDPS Act.
It is submitted by the counsel for the applicant that according to the prosecution case two persons, who were going on the motorcycle were searched and 10 grams of smack was found from the pocket of co-accused Harsh Shrivastava. It is submitted that the applicant has been impleaded in the light of confessional statement made by co- accused under section 27 of Evidence Act.
It is further submitted by the counsel for the applicant that in the light of judgment passed by Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu passed in CRA No.152/2013 by order dated 29/10/2020, the statement made under section 67 of NDPS Act is not admissible. The applicant is ready and willing to abide by any stringent condition, which may be imposed by this court. 2
The applicant has no criminal history and the trial will take sufficiently long time.
Per contra, the application is opposed by the counsel for the State. It is submitted by the counsel for the State that there is nothing in the case diary to indicate that the applicant has criminal history. Although, it is submitted by Shri Tripathi that the investigation is still pending but fairly conceded that during last one month no incriminating material could be collected against the applicant.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court. It is further directed that the applicant shall mark his presence before the S.H.O., Police Station Cantt., District Guna on 1st of every month for a period of one year.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(G.S.Ahluwalia)
Pj'S/- Judge
PRINCEE BARAIYA
2021.04.01
18:18:36 -07'00'