Madhya Pradesh High Court
Cheepurupalli Venkateswara Rao vs The State Of Madhya Pradesh on 2 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5071/2022
Cheepurupalli Venkateswara Rao vs. State of M.P.
Through Video Conferencing
Gwalior, Dated : 02-02-2022
Shri S.P.S. Gurjar, Counsel for applicant.
Shri Awadhesh Parashar, Counsel for State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed
for grant of bail.
The applicant has been arrested on 6.12.2021 in connection with
Crime No.288/2021 registered at Police Station Gohad Chauraha,
District Bhind for offence under Sections 8/20(B), 29, 38 of the NDPS
Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, the co-accused persons were supplying Ganja in
the name of Stevia. The Ganja was being supplied from
Vishakhapattanam. The present applicant is merely a pickup van
driver of Amazon. He has nothing to do with the pickup of orders
from different sellers. The said work was being done by his associates
and the only duty of the applicant was to drive the vehicle. It is
submitted that whether boxes were containing Ganja or Stevia was not
in the knowledge of the applicant. The applicant is ready and willing
to abide any stringent condition which may be imposed by the Court
including that of furnishing cash surety. The trial is likely to take
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.5071/2022
Cheepurupalli Venkateswara Rao vs. State of M.P.
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 submitted that in the name of Stevia, Ganja
was being supplied by the co-accused persons. Whether the applicant
was hand in gloves with the co-accused or he was merely a driver of
pickup van is a question of trial. The investigation is still pending and
in case if the applicant is granted bail, then there is every likelihood
that he may not appear before the Trial Court as he is from
Vishakhapattanam and he may abscond which may hamper the trial.
Heard the learned counsel for the parties.
According to the prosecution case, the co-accused persons were
supplying Ganja in the name of Stevia by using Amazon E-commerce
platform. The Ganja was being supplied from Vishakhapattanam. The
allegations are that the applicant was the driver of Amazon pickup
van. Whether the applicant was aware of the contents of the boxes or
not is yet to be established. However, the apprehension expressed by
the State Counsel with regard to possibility of abscondance of the
applicant is also not baseless.
Accordingly, this Court is of the considered opinion that the
applicant can be granted bail only on stringent condition of furnishing
cash surety.
3
THE HIGH COURT OF MADHYA PRADESH
MCRC No.5071/2022
Cheepurupalli Venkateswara Rao vs. State of M.P.
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 shall be released on bail on furnishing cash
surety of Rs.5,00,000/- (Rupees Five Lacs Only) 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.
It is made clear that single default in appearance before the Trial
Court, or in case of registration of new offence, this bail order shall
automatically come to an end and the cash surety so furnished by the
applicant shall automatically stand forfeited without any reference to
the Court.
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.
CC as per rules.
(G.S. Ahluwalia)
Judge
(alok)
ALOK KUMAR
2022.02.03
16:57:10 +05'30'
