Vahid Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7770 MP

                                    1


       HIGH COURT OF MADHYA PRADESH : JABALPUR
                          MCrC No.54138/2021
              (Vahid Khan vs State of Madhya Pradesh)
Jabalpur, dated : 24.11.2021.
      Ms. Poorva Mahajan, counsel for the petitioner.
      Shri Amit Pandey, Panel Lawyer for the State.
                                    ORDER

Crime Under Section Police Station Arrest Date No.

408/2021 8/18 NDPS Act Parvati, Aasta, 25.08.2020 Distt. Sehore As declared by the petitioner, this is the first bail application under Section 439 of Cr.P.C.

2. Implication of the petitioner in this case is based on the disclosure statement of co-accused Mahboob from whose possession police has recovered 1.260 kg Opium on 25.08.2021.

3. Learned counsel for the petitioner referred to the police report submitted before the trial Court in reply to the bail application filed by the petitioner before the trial Court wherein at second page it has been mentioned that Mahboob disclosed the name of his brother-in-law (Jija) Vahid, in his memorandum statement before the police stating that he had sent him to bring opium from an unknown person. Neither Mehboob nor his Jija-Vahid has named that unknown person who supplied the opium seized from Mahboob. Nothing incriminating article has been recovered from the petitioner. It is further submitted that the petitioner is permanent resident of District Sehore. There is no possibility of his absconding or tampering with the prosecution evidence. He is in jail since 25.08.2020. Trial is likely to take time. He is ready to cooperate with the trial and to abide by all the terms and conditions as may be imposed by this Court, therefore, he be granted bail.

4. Shri Pandey, Panel Lawyer read over the statement of Mahboob and his Jija - Vahid and fairly admitted that both have not named the supplier of the opium recovered from Mehboob. Further, objecting the bail he stated that the petitioner has criminal record. Earlier also a case under the NDPS Act bearing Crime No.47/2016 was registered against him at Police Station Aasta, District Sehore.

5. In reply, Ms. Mahajan referred to judgment dated 22.05.2017 passed by Special Judge, NDPS Act, Sehore in SST No.1/16 (Annexure A/2) and submitted that the petitioner has been acquitted in that case.

6. In view of the status of the evidence collected and other facts and circumstances of the case, I deem it appropriate to release the petitioner on bail, therefore, without commenting on the merits of the case, the petition is allowed.

7. It is directed that the petitioner- Vahid Khan be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2021.11.24 18:51:50 +05'30'