Govind Agrawal vs The State Of Madhya Pradesh
2022 Latest Caselaw 15520 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                         HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                   ON THE 24th OF NOVEMBER, 2022

                                           MISC. CRIMINAL CASE No. 53537 of 2022

                                    BETWEEN:-
                                    GOVIND AGRAWAL S/O RAMJI AGRAWAL,
                                    AGED   ABOUT   58   YEARS, OCCUPATION:
                                    BUSINESS CASTE BANIYA R/O AJAD WARD,
                                    BASANT NAGAR KAMTA DISTRICT GONDIA
                                    (MAHARASHTRA)

                                                                                              .....APPLICANT
                                    (BY SHRI RAJEEV KUMAR PATHAK, LEARNED COUNSEL)

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

                                                                                           .....RESPONDENTS
                                    (BY SHRI SATYA PAL CHADAR, LEARNED GOVERNMENT)

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

This is the first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail, pending the trial.

The applicant is in custody since 19.10.2022 in connection with Crime No.467/2022 registered at Police Station-Kotwali, District-Balaghat (M.P.) for the offences punishable under section 8/20 of NDPS Act.

As per prosecution story on 19.10.2022, one Kg. and two hundred grams of contraband (Cannabis) was seized from the possession of the one Raja @ Yogesh Kushle. In his memorandum under section 27 of the Evidence Act, it Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/25/2022 1:02:02 PM

was informed by him that he had purchased aforesaid contraband from the present applicant.

Learned counsel for the applicant has submitted that he is innocent. He has not committed any offence. He has been falsely implicated. No contraband was seized from his possession and there is no legal and admissible evidence against the present applicant. Trial of the case will take considerable time, therefore, it has been prayed that the applicant/accused be released on bail.

On the other hand, learned Panel Lawyer for the State has opposed the grant of bail to the applicant and submitted that one case in the year 2020 under the NDPS Act was registered against him and one another case was also

registered against him in Police Station-Ramnagar, Gondia. Therefore, the applicant should not be released on bail.

In response, learned counsel for the applicant has submitted that the applicant has been acquitted of the aforesaid offences. In support of his argument, he has filed copies of judgment of acquittal.

In this case, no contraband has been seized from the possession of the applicant, therefore, without expressing any opinion on the merit of the case, I am of the view that it is a case in which further pretrial detention of the applicant/accused is not warranted. Consequently, the application for grant of bail to the applicant is allowed.

It is directed that the applicant-Govind Agrawal shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/25/2022 1:02:02 PM

conditions by the appellant:-

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

2. The applicant will cooperate in the trial.

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him 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 of similar to the offence of which he is accused.

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

In case of bail jump and violation of any condition this bail order, it shall become ineffective.

Accordingly, application is disposed of. C.C. as per rules.

(DINESH KUMAR PALIWAL) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 11/25/2022 1:02:02 PM