Prakash Khatri vs The State Of Madhya Pradesh
2022 Latest Caselaw 7551 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                    BEFORE
                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                            ON THE 30th OF MAY, 2022

                  MISC. CRIMINAL CASE No. 26161 of 2022

         Between:-
         PRAKASH KHATRI S/O LAXMI PRASAD KHATRI
         , AGED ABOUT 31 YEARS, OCCUPATION: AGRI.
         VILL. MAGRADHAGAUN SHASTRI WARD TEH.
         KHURAI DISTT. SAGAR AT PRESENT R/O
         NAINAGIRI NEAR KHERAPARTI MANDIR
         AYODHYA NAGAR (MADHYA PRADESH)

                                                             .....PETITIONER
         (BY SHRI RAJMANI BANSAL - ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P.S. DEHAT GANJ BASODA
         (MADHYA PRADESH)

                                                           .....RESPONDENTS
         (BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)

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

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 20/01/2022 in connection with Crime No.29/2022 registered at Police Station Dehat Ganj Basoda, Disttrict Vidisha for offence under Section 8/20 of NDPS Act.

I t is submitted by the counsel for the applicant that according to the prosecution case, 4 kg of Ganja has been seized from the possession of the co-

accused. He is in jail more than four months. Co-accused Toofan Khatri has been enlarged on bail vide order dated 9th May, 2022 passed in M.Cr.C.No.21700/2022. 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 State. After going through the police case diary, it is submitted by the counsel for the State that the applicant has no criminal history.

Considering the period of detention as well as 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) 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.

(DEEPAK KUMAR AGARWAL) V. JUDGE mani

SUBASRI MANI 2022.05.31 11:56:54

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