Madhya Pradesh High Court
Vimlesh Kumar Singh @ Pintu Singh vs The State Of Madhya Pradesh on 28 April, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 28th OF APRIL, 2022
MISC. CRIMINAL CASE No. 20372 of 2022
Between:-
VIMLESH KUMAR SINGH @ PINTU SINGH S/O
SHRI MANGLESHWAR SINGH , AGED ABOUT
34 YEARS, OCCUPATION: SERVICE R/O
VILLAGE HINAUTA, P.S. KAMARJI, TEHSIL
CHURHAT DISTT. SIDHI M.P. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI R.P. PATEL, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THRUOGH
P.S. KAMARJI DISTT. SIDHI M.P. DISTRICT
SIDHI M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT PANDEY, PANEL LAWYER )
This application coming on for admission this day, the court passed
the following:
ORDER
This is the first application under Section 438 of Cr.P.C. filed by the
applicant for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.60/2020 registered at Police Station- Kamarji, District-Sidhi for the
offence punishable under Sections 8/21, 22 of NDPS Act and Section 5/13 of
M.P. Drug Control Act.
I t is submitted that the applicant is innocent and has falsely been
implicated in the case and he has not committed any offence in any manner.
There is no recovery of contraband articles from the present applicant. The
notice under Section 41-A of the Cr.P.C. has been issued to the applicant and
he was released and thereafter he has co-operated in the investigation. The
Signature Not Verified
SAN
charge-sheet has been filed in the matter on 17.8.2022 and at the time of filing
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.04.29 17:03:31 IST
of charge-sheet applicant was not present as the prosecution has never
informed the date of filing of charge-sheet. As the applicant has co-operated
in the investigation in pursuance to the notice issued under Section 41-A of
the Cr.P.C. there is no requirement of taking the applicant in custody. It is
further submitted that the recovery of contraband article is from other co-
accused Ramsiya Saket who was also released after giving notice under
Section 41-A of Cr.P.C. The other co-accused has already been enlarged on
anticipatory bail by this Court. As far as criminal case is concerned, the
applicant is having two case but for minor offenses of the year 2008 and
2013. He has placed reliance upon the judgment passed by the Hon'ble
Supreme Court in the case of Satender Kumar Antil vs Central Bureau
Of Investigation S.L.P (Criminal) No.5191/2021 decided on 07.10.2021
wherein, Hon'ble Supreme Court considered the category and types of
offences and also placed reliance upon the judgment passed in the case of
Siddharth vs. State of Uttar Pradesh & Anr. (Criminal Appeal
No.838/2021), (2021 SCC Online SC 615). He is ready to abide by all the
terms and conditions that may be imposed by this Court while granting
anticipatory bail. On these grounds, he prays for granting of anticipatory bail
to the applicant.
Per contra, counsel appearing for the State has vehemently opposed
the application stating that 40 bottles of Onrex Cough Syrup has been
recovered from the possession of the applicant and applicant is having a
criminal history of two cases but all are of minor offence. He could not
dispute the fact that the notice under Section 41-A of the Cr.P.C. has been
issued to the applicant and he has co-operated in the investigation. He fairly
submits that applicant was not present at the time of filing of charge-sheet.
Heard the learned counsel for the parties and perused the case diary.
Considering the over all facts and circumstances of the case, without
commenting upon the merits of the case, this Court deems it appropriate to
Signature Not Verified
SAN allow this application for grant of anticipatory bail. In the event of arrest, the
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.04.29 17:03:31 IST
applicant is directed to be released on bail on furnishing a surety bond in the
sum of Rs.50,000/- (Rupees Fifty thousand only) with one local solvent
surety in the like amount to the satisfaction of Arresting Officer.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant/s will comply with all the terms and conditions of the
bond executed by him;
2. The applicant/s will cooperate in the investigation/trial, as the case
may be;
3 . The applicant/s will not indulge himself/themselves in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade them/her/him from disclosing such facts to the Court
or to the Police Officer, as the case may be;
4. The applicant/s shall not involve in any other offence, in case the
applicant/s indulge in any other criminal case the benefit of bail as extended
by this Court shall automatically cancelled.
5. The applicant/s will not seek unnecessary adjournments during the
trial;
6. The applicant/s will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
7. The applicant/s will inform the concerned S.H.O. of concerned
Police Station about his residential address in the said area and it would be
the duty of the Public Prosecutor to send E-copy of this order to SHO of
concerned police station as well as Superintendent of Police concerned who
shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
E-copy of this order be provided to the applicant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.04.29 17:03:31 IST
Certified copy as per rules.
(VISHAL MISHRA)
JUDGE
irfan
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.04.29 17:03:31 IST
