Bhawarlal Khileri vs Central Narcotics Bureau
2022 Latest Caselaw 2218 MP

Citation : 2022 Latest Caselaw 2218 MP
Judgement Date : 17 February, 2022

Madhya Pradesh High Court

Bhawarlal Khileri vs Central Narcotics Bureau on 17 February, 2022

Author: Rajeev Kumar Shrivastava

                                               1
             IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                       BEFORE
                   HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                              ON THE 17th OF FEBRUARY, 2022

                         MISC. CRIMINAL CASE No. 5261 of 2022

             Between:-
             BHAWARLAL KHILERI S/O DHANNALAL KHILERI , AGED
             ABOUT 52 YEARS, VILL. KHOKHARIYA, DISTT JODHPUR
             (RAJASTHAN)

                                                                               .....PETITIONER
             (BY SHRI AMIT LAHOTI, COUNSEL FOR THE APPLICANT)

             VS

             CENTRAL NARCOTICS BUREAU CENTRAL NARCOTICS
             BUREAU GWALIOR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
             (BY SHRI RAVEEN NEWASKAR, LEARNED ASG FOR THE RESPONDENT-
             CBI)

      This application coming on for hearing this day, the court passed the following:
                                           ORDER

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 29.06.2021 by Police Station Central Narcotics Bureau, Gwalior in connection with Crime No.2/2020 registered for offence under Sections

8/15, 8/29 of NDPS Act.

It is submitted by learned counsel for the applicant- Bhawarlal Khileri that he has filed copies of order dated 22.09.2021 passed in S.B. Criminal Misc. Bail Application No.12073/2021 and has submitted that the applicant is already on bail in FIR No.58/2019 Police Station Banar, Jodhpur which is registered under Sections 8/15 & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. It is further submitted that the applicant is in custody since 29.06.2021. Now charge sheet has been filed. Trial will take its own time. It is further submitted that the applicant has been implicated in this case only on the basis of memorandum given by the co-accused which is not admissible in the light of the judgment passed by the Hon'ble Apex Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the application and submitted that in

the light of the judgment passed by Hon'ble Supreme Court in the case of Union of India vs. Mohd. Nawas Khan reported in AIR 2021 (SC) 4476, the bail cannot be granted. Hence, prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments

advanced by them and perused the documents available on record.

Considering the facts and circumstances of the present case and that the charge sheet has been filed, applicant is in custody since 29.06.2021, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he/she is accused.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;