Rajik Uddin vs The State Of Madhya Pradesh
2022 Latest Caselaw 3849 MP

                                                          1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 21st OF MARCH, 2022

                                      MISC. CRIMINAL CASE No. 13557 of 2022

                              Between:-
                              RAJIK UDDIN S/O SHRI JAHIR UDDIN , AGED
                              ABOUT 32 YEARS, OCCUPATION: BUSINESS R/O
                              WARD NO. 10, RAJA NAGAR, BALAGHAT,
                              DISTRICT BALAGHAT, M.P. (MADHYA PRADESH)

                                                                                        .....PETITIONER
                              (BY SHRI MANISH DATT, SR. ADVOCATE ASSISTED BY SHRI
                              SIDDHARTH BENDEL, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH
                              POLICE STATION KOTWALI DISTRICT BALAGHAT
                              (M.P.) (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                              (BY SHRI VIVEK LAKHERA, GOVT. ADVOCATE)

                            This first bail application has come up for hearing on this day, the court
                      passed the following:
                                                           ORDER

This is first bail application filed under Section 439 of the Code of Criminal

Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant-Rajik Uddin, S/o Jahir Uddin, who is in custody since 05/03/2022 in connection with Crime No.94/2022 registered at Police Station Kotwali, Distt. Balaghat (M.P.) for the offences punishable under Sections 8/22, 29 of NDPS Act.

It is submitted that three accused persons namely Vikram Chourasia, Rahul Baghel and Abhishek Bais were travelling in a Datsun Redi-go car bearing registration Plate No.A.S.05-K-7318 and from their possession 4 grams and 180 milligrams of M.D. Powder was recovered. On their memorandum, present applicant is made an accused inasmuch as they submitted that this material was for use of present applicant. It is submitted that there is no seizure. Applicant has been made accused on memorandum. Small quantity is 2 grams, commercial quantity is 20 grams as per Entry 159 of the Schedule.

Signature
 SAN      Not
Verified                    Reliance is placed on the judgment of Hon'ble Supreme Court in the case of
Digitally signed by
TULSA SINGH
Date: 2022.03.23

Surinder Kumar Khanna Vs. Intelligence Officer, Directorate of Revenue 16:51:14 IST

Intelligence (Cr.A. No.949 of 2018) decided on July, 31, 2018, it is pointed out that when apart from the statement of co-accused there is no material suggesting involvement of the applicant in crime in question, then he can be enlarged on bail.

Reliance is also placed on the order of Coordinate Bench of this Court dated 4th March, 2022 passed in M.Cr.C. No.7863/2022 (Raghvendra Jaiswal Vs. The State of M.P.) where under similar facts and circumstances, indulgence has been shown by a Coordinate Bench. It is further submitted that there is no criminal history of the present applicant. Investigation is complete, charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned Government Advocate for the respondent/State opposes the application but admits that there is no criminal history of present applicant.

After hearing learned counsel for the parties, going through the case diary and taking into consideration the fact that investigation is complete, charge sheet is filed, no further custodial interrogation of the present applicant is required and there is no criminal history of the applicant, this Court deems it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that applicant shall be released on bail on his furnishing a personal bond in the form of cash or FDR sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

I n view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE ts