Madhya Pradesh High Court
Aman Singh Bais vs The State Of Madhya Pradesh on 9 May, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 9th OF MAY, 2022
MISC. CRIMINAL CASE No. 22726 of 2022
Between:-
AM AN SINGH BAIS S/O RAGHVENDRA SINGH
BAIS , AGED ABOUT 30 YEARS, OCCUPATION:
SELF EMPLOYED R/O NEAR SHIVAJI PATH
WARD NO.18, BALAGHAT DISTRICT-
BALAGHAT (M.P.) (MADHYA PRADESH)
.....APPLICANT
(BY SHRI NITESH JAIN, ADVOCATE FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH THROUGH
INSPECTOR KOTWALI POLICE STATION
DISTRICT BALAGHAT (M.P.) (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD SAXENA, GOVERNMENT ADVOCATE)
This first anticipatory bail application has come up for hearing on this
day, the court passed the following:
ORDER
This is first application under Section 438 of the Cr.P.C. for grant of
anticipatory bail to the applicant Aman Singh Bais S/o Raghvendra Singh Bais,
aged about 30 years, who is apprehending his arrest in connection with Crime
No.94/2022 registered at Police Station Kotwali, District Balaghat (M.P.) for the
offence punishable under Sections 8/22 and 29 of NDPS Act, 1985.
I t is submitted that three accused persons namely Vikram Chourasia,
Signature
SAN Not
Verified Rahul Baghel and Abhishek Bais were travelling in a Datsun Redi-go car bearing
Digitally signed by
APARNA TIWARI registration Plate No.A.S.05-K-7318 and from their possession 4 grams and 180
Date: 2022.05.09
18:36:14 IST
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.
Reliance is placed on the judgment of Hon'ble Supreme Court in the case
o f Surinder Kumar Khanna Vs. Intelligence Officer, Directorate of
Revenue 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.
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 anticipatory bail application is allowed.
It is directed that applicant- Aman Singh Bais be extended benefit of
anticipatory bail, subject to applicant surrendering before the I.O. within 15
days' from today and in case he surrenders before the I.O. then I.O. shall let
him on bail after accepting personal bond in the sum of Rs.1,00,000/- (Rupees
One Lakh Only) with two solvent sureties in the like amount to the satisfaction
of the Arresting Officer for his appearance before the concerned Police Station
and on all dates and for complying with the conditions enumerated in sub-
section (2) of Section 438 of the Code of Criminal Procedure on the following
conditions :-
(1) The applicant will comply with all the terms & conditions
of the bond executed by him;
(2) The applicant will cooperate in the investigation with the
Investigating Officer & shall appear as & when directed by the
Investigating Officer and on completion of the investigation if charge
sheet is filed, shall appear before the Trial Court on each & every
date given by the Trial Court without fail;
(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 any offence during the
period in which he is enlarged on bail;
(5) The applicant will not leave India without previous
permission of the Trial Court/Investigating Officer, as the case may
be;
(6) The applicant shall inform the Investigating Officer/Trial
Court about his/her/their address and residence in case he moves out
from his/her/their permanent address for any point of time;
(7) The applicant shall not contact any of the other accused
persons in this case in any manner whatsoever; and
(8) Such other condition as may be imposed under Sub-
section (3) of section 437 of the Cr.P.C as if the bail was granted
under that section.
Certified copy as per rules.
(VIVEK AGARWAL)
JUDGE
AT
