Ramswaroop vs The State Of Madhya Pradesh
2022 Latest Caselaw 16762 MP

                                    1
         IN    THE        HIGH COURT OF MADHYA
                              PRADESH
                            AT GWALIOR
                           BEFORE
        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 16 th OF DECEMBER, 2022
        MISCELLANEOUS CRIMINAL CASE No. 59588 of 2022

BETWEEN:-
RAMSWAROOP S/O SHRI GHANSILAL BHEEL,
AGED 38 YEARS, OCCUPATION: LABOR, R/O
VILLAGE KUBHAKHEDI THANA HARNAVADA
DISTRICT BARAN RAJASTHAN

                                                              .....APPLICANT
(BY SHRI ANSHU GUPTA-ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION KUMBHRAJ DISTRICT GUNA (MADHYA
PRADESH)

                                                            .....RESPONDENT
(BY MS. KALPANA PARMAR-PANEL LAWYER )

         T h is application coming on for admission this day, t h e court
passed the following:
                                    ORDER

Case diary is available.

This first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 03.12.2022 in connection with Crime No.142/2021 registered by Police Station Kumbhraj, District Guna for offence punishable under Sections 8/21, 29 of NDPS Act.

It is submitted by counsel for applicant that according to the prosecution case, two persons were going on a motor cycle. They were apprehended and 60 grams of smack was found from the possession of one of those two co-accused persons who had alleged that they have purchased the smack from the applicant. Nothing incriminating has been seized from the possession of applicant. It is submitted that in the light of judgment passed by the Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu decided on 29.10.2020 in Criminal Appeal No.152/2013, the statement made by a co-accused under Section 67 of NDPS Act is not admissible. There is no admissible evidence against the applicant. The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by counsel for the State. However, after going through the police case diary, it is submitted that there is nothing in the case diary to show the criminal antecedents of applicant.

Considering the facts and circumstances of the case and 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 Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

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) JUDGE Aman AMAN TIWARI 2022.12.16 18:47:36 +05'30'