Manoharsingh vs Union Of India
2022 Latest Caselaw 4685 MP

                                                                         1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT INDORE
                                                                       BEFORE
                                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                                 ON THE 1st OF APRIL, 2022

                                                      MISC. CRIMINAL CASE No. 2447 of 2022

                                              Between:-
                                              MANOHARSINGH S/O SHRI KALYANSINGH JI ,
                                              AGED    ABOUT   26   YEARS, OCCUPATION:
                                              AGRICULTURIST R/o: VILLAGE-MELKI, TEH.
                                              NEEMUCH P.S. NEEMUCH CITY, DISTRICT
                                              NEEMUCH (MADHYA PRADESH)

                                                                                                         .....APPLICANT
                                              (BY SHRI Abhishek Rathore Adv.)

                                              AND

                                              UNION OF INDIA THR.            N.C.B.   MANDSAUR
                                              (MADHYA PRADESH)

                                                                                                   .....NON APPLICANT
                                              (BY SHRI Manoj Kumar Soni Adv.)

                                         Th is application coming on for orders this day, the court passed the
                                   following:
                                                                          ORDER

1/ Applicant has filed this first application under Section 439 of the Code

of Criminal Procedure, 1973 for grant of temporary bail. He is in Jail since 8.10.2020 in connection with Crime No.3/2020 registered at P.S. - NCB, Mandsaur (M.P.) for commission of offence punishable under Section 8/18 of NDPS Act.

2/ As per the prosecution story, on 8.10.2020 police got discreet information from the informer that two persons are coming in a car and going towards Chhittorgarh and having illegal opium. On the basis of said information police party reached on the spot and recovered 3.950 kg opium from the possession of the present applicant and co-accused Bharat Singh. Accordingly offence has been registered against them.

3/ Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. He further submits that the applicant is

Signature Not Verified in custody since 8.10.2020. Wife of the applicant is suffering from gynaec problem SAN

and needs to undergo for operation and has been referred to higher centre, Digitally signed by TRILOK SINGH SAVNER Date: 2022.04.01 19:26:32 PDT

therefore, presence of the applicant is must. Applicant is a young person of 26

years of age. He is the permanent resident of District Neemuch. Hence, he prays that applicant be released on temporary bail for a period of one month.

4/ Per-contra, learned counsel for the respondent-NCB opposes the bail application and prays for its rejection by submitting that the seized quantity of

contraband is more than the commercial quantity.

5/ As per the verification report, the accused has produced medical documents in respect of his wife regarding diagnosis of possibility of Malignoma but there is no such confirmatory report of Malignoma and doctors have not advised for any operation. Most of the treatment documents filed by the applicant are old documents. There are so many family members such as father, mother and 4 sisters available, who can take care of wife of the applicant. Counsel for the respondent has placed reliance upon the judgments of the Apex Court in the case of Union of India Vs. Ram Samujh and another reported in 1999 SCC (Cri) 1522 and in the case of Sami Ullah and others Vs. Zulfikar Nasir and others vide order dated 18.11.2021 passed in Criminal Appeal Nos.1547-1549/2018.

6/ In view of the law laid down by the Hon'ble Apex Court and looking to the condition of wife of the applicant, this Court is not inclined to grant temporary bail to the present applicant. Therefore, the M.Cr.C. is hereby dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.04.01 19:26:32 PDT