Kanhaiyalal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2397 MP

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   HIGH COURT OF MADHYA PRADESH: BENCH AT
                     INDORE
   (SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK
                       RUSIA)
              M.Cr.C. No. 28278/2021
         (Kanhaiyalal V/s. The state of M.P.)

Indore, dated :15/06/2021
      Shri Apoorv Joshi, learned counsel for the applicant.
      Shri Prabal Jain, learned Panel Lawyer for the
respondent/State.
                                ****

This is Second bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.117/2020, Police- Station- Singoli, District- Neemuch for commission of the offence under Sections 8/18 of N.D.P.S. Act. The applicant is in custody since 07.10.2020.

First bail application of the applicant was dismissed as withdrawn vide order dated 02.02.2021 passed in M.Cr.C.no.49810/2020.

As per prosecution story, on 07.10.2020 on the basis of secret information, police recovered 1.8 kg opium from the possession. The applicant in his statement recorded under Section 27 of Indian Evidence Act has disclosed that co-accused Prakash Balai provided the contraband, however, he has not been arrested so far.

Learned counsel for the applicant submits that applicant is in custody since 07.10.2020 and trial is held up because co- accused has not been arrested so far. One criminal case has been registered against the applicant under N.D.P.S. in which he has been acquitted vide judgment dated 16.12.2015. Case diary is silent about his past criminal history. In a similar facts and circumstances, the coordinate of this court has granted bail to

the accused persons and in this regard he has filed the copy of orders.

Learned Panel Lawyer opposes the bail application by submitting that co-accused Prakash Balai has not been arrested so far, who was in association with the applicant in the present crime.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail for a period of one year from the date of his release upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

It is made clear that, this court may consider the period of extension of bail, if prosecution success to arrest co-accused Prakash Balai, otherwise, applicant shall surrender before the trial court after completion of one year.

Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

( VIVEK RUSIA ) JUDGE praveen

PRAVEEN NAYAK 2021.06.15 18:05:06 +05'30'