Ravi Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 7896 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.57820/2021
              (RAVI SHARMA VS. STATE OF M.P.)

Gwalior, Dated : 26/11/2021

        Shri P.S.Bhadauriya, learned counsel for the applicant.

        Shri C.P.Singh, learned counsel for the State.

        Case diary is available.

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

filed for grant of bail.

        The applicant has been arrested on 30/08/2021 in connection

with Crime No.317/2021 registered at Police Station Mehgaon,

District Bhind for offence under Sections 8/21 and 29 of NDPS Act.

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

has been arrested on the basis of confessional statement made by the

co-accused persons. There is no substantive evidence against the

applicant. The Trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution

case.

        Per contra, the application is vehemently opposed by the

counsel for the State. It is fairly conceded that except the

confessional statement of the co-accused, there is no other evidence

against the applicant. It is further submitted that the applicant has

criminal history and three more criminal cases have been registered

against him out of which one was registered under Section 8/21 of

NDPS Act whereas second offence was registered under Sections 323
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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.57820/2021
            (RAVI SHARMA VS. STATE OF M.P.)

and 325 of IPC and third offence was registered under Section 25/27

of the Arms Act. It is further submitted that in the another offence,

which has been registered under Section 8/21 of NDPS Act, the

applicant has been made an accused on the basis of confessional

statement of the co-accused only.

      Heard the learned counsel for the parties.

      The 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

, has held that the statement made under section 67 of

NDPS Act is not admissible. It is further submitted by the State

counsel that the police has also recorded the statements of two

persons, who have stated that generally lot of persons used to come

to the house of the applicant and the co-accused from whose

possession 5.5 grams of smack has been seized also visits the house

of the applicant and in fact the applicant sells smack. However, the

counsel for the State could not point out as to how opinion of the

witnesses is admissible.

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) with

one surety in the like amount to the satisfaction of the Trial

THE HIGH COURT OF MADHYA PRADESH MCRC No.57820/2021 (RAVI SHARMA VS. STATE OF M.P.)

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 Mehgaon, District Bhind 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)
Pj'S/-                                                                  Judge

     Digitally signed by
     PRINCEE BARAIYA
     Date: 2021.11.26
     15:26:21 -08'00'