Rajesh Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 9075 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.62601/2021
                 Rajesh Meena vs. State of M.P.

Gwalior, Dated : 21/12/2021

      Shri Ashish Singh Jadon, Counsel for applicant.

      Shri A.K. Nirankari, Public Prosecutor for the respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed

for grant of bail.

The applicant has been arrested on 21.11.2021 in connection

with Crime No.798/2021 registered at Police Station Kotwali, District

Guna for offence under Sections 8/20, 29 of NDPS Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, five persons were arrested and 21 Kgs. of Ganja

was seized. The applicant has been arrayed as an accused only on the

basis of confessional statement made by the co-accused persons which

is not admissible in the light of the judgment passed by the Supreme

Court in the case of Tofan Singh vs. State of Tamil Nadu reported in

(2021) 4 SCC 1.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that the co-accused

persons have disclosed that they were transporting Ganja to deliver it

to the applicant. However, fairly conceded that except the aforesaid

confessional statement, there is no other admissible evidence against

the applicant. It is further submitted that the applicant has a criminal

history and one Crime No.145/2017 for offence under Sections 395,

THE HIGH COURT OF MADHYA PRADESH MCRC No.62601/2021 Rajesh Meena vs. State of M.P.

341, 323, 294 of IPC has been registered.

Considering the facts and circumstances of the case, 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 appear before the

S.H.O. Police Station Kotwali, District Guna on 1st of every

month during the pendency of the Trial.

In case of bail jump or non-appearance of the applicant before

the police station as directed by this Court, this order shall lose its

effect.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

(alok)

ALOK KUMAR 2021.12.21 17:30:28 +05'30'