Phoolchand vs The State Of Madhya Pradesh
2022 Latest Caselaw 410 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.520/2022
                   Phoolchand vs. State of M.P.

Gwalior, Dated : 07/01/2022

        Shri S.S. Rajput, Counsel for the applicant.

        Shri A.P.S. Tomar, Panel Lawyer for the 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 30.10.2021 in connection

with Crime No.798/2021 registered at Police Station Kotwali Guna,

District Guna for offence under Sections 8/20, 29 of NDPS Act.

        It is submitted by the counsel for the applicant that five persons

were sitting in a truck including the owner. The applicant is the driver.

The allegations are that three persons sought a lift from the owner of

the truck and they also disclosed that they are carrying Ganja and are

ready to give Rs.10,000/- to the owner of the truck. It is further

submitted that the applicant is in jail for the last more than two months

and there is no allegation that he was in any manner carrying the

contraband. The trial is likely to take 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 respondent/State. However, he fairly conceded that

according to the prosecution case, three persons had sought lift from

the owner of the truck and they had informed him that they are

THE HIGH COURT OF MADHYA PRADESH MCRC No.520/2022 Phoolchand vs. State of M.P.

carrying Ganja but he fairly conceded that the applicant is not the

owner of the truck but he is the co-driver.

Considering the facts and circumstances of the case, 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 Only) 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)
 (alok)                                                         Judge




ALOK KUMAR
2022.01.07 16:50:18 +05'30'