Madhya Pradesh High Court
Akhilesh Kumar Yadav vs The State Of Madhya Pradesh on 10 December, 2021
Author: Rajendra Kumar Srivastava
1 MCRC-16681-2021
The High Court Of Madhya Pradesh
MCRC No. 16681 of 2021
(AKHILESH KUMAR YADAV Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-12-2021
Shri Anurag Shivhare, learned counsel for the applicant.
Shri Teeka Ram Kurmi, learned P.L. for the respondent/State.
This is first bail application filed by the applicant under Section 439 of
the Code of Criminal Procedure.
The applicant is in custody since 21.02.2021 in connection with Crime
No.34/2021 registered at Police Station-Chakghat, Distt.-Rewa (M.P.) for the
offence punishable under Section 8, 21 and 22 of NDPS Act and Section
5/13 of M.P. Drug Control Act.
A s per prosecution story, on 21.02.2021, police official of Police
Station-Chakghat received an information that some persons are transporting
codeine mixed cough syrup by splendor motor cycle bearing registration No.
UP-70-FA-2241. Thereafter, police officials reached on the spot, they
intercepted the motor cycle of applicant/accused, then they tried to ran away
from the spot after leaving the motor cycle but they were surounded by the
police officials. Applicant/accused caught red handed. 90 bottles (100 ml
each bottle) codeine mixed onrex cough syrup were seized from the
possession of applicant/accused.
Learned counsel for the applicant-accused submits that the applicant
has been falsely implicated in this case. He has no previous criminal
antecedent under the NDPS Act. So, there is no probability to repeat the
offence. Applicant/accused is a student. He is in custody since 21.02.2021.
Prosecution did not produce any single witness in this period. So, there is
no probability to conclude the trial in near future. Speedy trial is a
fundamental right of applicant/accused. In support of his contention, he has
relied the judgment of Hon'ble Apex Court in the case of Union of India Vs.
K.A.Najeeb vide judgment dated 01.02.2021 passed in Criminal Appeal No.
98/2021 reported in (2021) 3 SCC 713. It is held that the presence of
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:51 IST
2 MCRC-16681-2021
statutory restriction under terrorist and Disruptive Activities (Prevention) Act,
1987 or the Narcotic Drugs and Psychotropic Substance Act, 1985, per se
does not oust the ability of the constitutional Courts to grant bail on grounds
of violation of Part III of the Constitution. Applicant/accused cannot be kept
in custody for unlimited period. If, he is kept in custody for unlimited period,
then future of applicant will be spoiled.
Per-contra, learned Panel Lawyer opposes the bail application
submitting that there is bar under Section 37 of NDPS for granting bail to the
applicant. Therefore, he is not entitled for grant of bail.
Considering the contention of both the parties and this fact that
applicant/accused has no previous criminal antecedent under the NDPS Act,
so, there is no probability to repeat the offence, applicant/accused is in
custody since 21.02.2021, prosecution did not produce any single witness in
this period, so there is delay to be conclude the trial. Speedy trial is a right of
applicant/accused, in this situation, applicant/accused is entitled for bail, so it
would not be appropriate to keep the accused/applicant in jail during whole
the trial, hence, without commenting on merits of the case, application of the
applicant under Section 439 of the Cr.P.C. seems to be acceptable.
Consequently, it is hereby allowed.
It is directed that applicant-Akhilesh Kumar Yadav be released on
bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One
Lakh Only) with two solvent sureties of the amount of Rs. 50,000/- (Rs.
Fifty Thousand Only) each to the satisfaction of the concerned trial Court
for his appearance before the trial Court on the dates given by the concerned
Court.
This order will remain operative subject to compliance of the following
conditions by the applicant:
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
Signature Not Verified
2. The applicant will cooperate in the trial;
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:51 IST
3 MCRC-16681-2021
3. The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the fact of the case so as to
dissuade his from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit an offence similar to the offence of
which he is accused;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of the
trial Court.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:51 IST
