Gopal vs The State Of Madhya Pradesh
2021 Latest Caselaw 5123 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     BENCH AT INDORE
         (S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                           M.Cr.C. No.40449/2021
          Gopal S/o Lalji
          Age-23 years, Occupation-Agriculturist,
          R/o Rajora
          District- Pratapgarh (Rajasthan)
                                                       ---- applicant
                                 Versus
          State of M.P. through P.S. Afjalpur
          District- Mandsuar (M.P.)
                                                      ----respondent
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      For Applicant (s)             :       Mr. Palash Choudhary
      For Respondent (s)            :       Mr. Siddharth Jain
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                                    ORDER

Date: 07.09.2021:

This is repeat 2nd bail application filed by the applicant under section 439 Cr.P.C,1973, seeking bail in connection with Crime No.20/2019 registered at police station-Afjalpur, District-Mandsuar (M.P.) for the offence punishable under sections 8/15, 25 and 29 of the NDPS Act. The applicant is in custody since 25.06.2019.

The first bail application of the applicant was dismissed as withdrawn vide order dated 04.10.2019 passed in M.Cr.C. No.33798/2019.

As per prosecution case, on 16.10.2019 A.S.I Raju Singh Ahirwar received discrete information about the transportation of contraband illegally. On the basis of the said information, police intercepted a Tata loading pickup vehicle bearing registration No.RJ- 09-GC-2306 near Degaon-Malyakherkheda, Aam Road, village Degaonkhurd check post and on search a box measuring 3 x 8 sq. ft and 1 ft. depth was found fitted below the trolley and after opening the box which 104 kg. doda choora was found. On recovery of the contraband, the applicant Vikram was arrested from the spot and he

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did not produce any valid documents for transportation of contraband. Another co-accused Rajpal Singh ran away from the spot but arrested later on. The contraband was found to be more than commercial quantity therefore an FIR has been registered against the applicant and two others. The applicant has been made accused along with 3 others.

Learned counsel for the applicant submits that this applicant has been implicated in this case only on the basis of memorandum statement of co-accused Vikram recorded under section 27 of the Evidence Act who was found in possession with the contraband and he has been granted bail by this Court vide order dated 14.07.2021. Another co-accused Narayan Anjana has been granted bail vide order dated 25.06.2019. This applicant is in jail since 25.06.2019 and there is no progress in the trial. So far as the past criminal antecedents is concerned this applicant was tried under Section 8/29 of the N.D.P.S. Act vide Sessions Trial No.51/2015 but vide judgment dated 04.06.2019 he has been acquitted and apart from this no other criminal case is pending against the applicant. He was not having any knowledge about using the vehicle for the purpose of transportation of the contraband. He gave his vehicle to his relative Narayan Anjana on rent.

Learned panel lawyer for the respondent/State opposes the bail application.

Looking to the period of custody of the applicant since 25.06.2019, there is no progress in the trial, he was not on the spot and in another criminal case he has been acquitted, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees Three lacs Only) with local solvent surety of the like

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amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him 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.

Certified copy as per rules.

( VIVEK RUSIA ) JUDGE Ajit

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya

KAMALA Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e 3ed6cba241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5 D61A1EE901C09EF29,

SANAN serialNumber=7F0BEE2D78BD57DA058F32 47441C87E7E0817FB61F5E2ABCAEE63CAA A7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.09.11 14:43:03 +05'30'