Manoj Lilhare @ Sarpanch vs The State Of Madhya Pradesh
2023 Latest Caselaw 6972 MP

                                                            1
                           IN     THE         HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 28 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 61837 of 2022

                          BETWEEN:-
                          MANOJ LILHARE @ SARPANCH, S/O SHRI BHARATLAL
                          LILHARE, AGED ABOUT 41 YEARS, OCCUPATION:
                          AGRICULTURIST, BY CASTE LODHI, R/O VILLAGE
                          DOGARMALI, POLICE STATION RAMPAYLI, TAHSIL
                          WARASEONI,   DISTRICT  BALAGHAT      (MADHYA
                          PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI MANISH DATT - SENIOR ADVOCATE WITH SHRI ROHIT
                          SHARMA - ADVOCATE)


                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION GRAMIN NAVEGAON, DISTRICT BALAGHAT
                          (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI G.S. THAKUR - GOVERNMENT ADVOCATE)

                                This application coming on for admission this day, the Court passed

                          the following:
                                                             ORDER

This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No.269/2022 dated (not mentioned) registered at P.S. Gramin Navegaon, District Balaghat (M.P.) for the offence punishable under Section 8/20 of the NDPS Act. The applicant is in custody since 02.12.2022.

As per the prosecution, the present applicant along with other co- Signature Not Verified Signed by: BHARTI GADGE Signing time: 4/28/2023 3:49:38 PM

accused persons was caught transporting 21 Kgs of Ganja.

The contention of learned senior counsel for the applicant is that the applicant has been falsely implicated. It is stated that the applicant is a Sarpanch and on the fateful day has gone to distribute his invitation card for the house warming ceremony, from where he was lifted by the police authorities, and a false case of possessing 21 Kgs of Ganja has been lodged against him. In support of his contention, affidavits on behalf of villagers, who have seen this incident have been filed.

On the last date of hearing, counsel for the State was directed to verify the affidavits filed by the applicant. As per the report, that is available with the

counsel for the State, these persons have denied giving any kind of affidavits in support of the present applicant.

Out of the six affidavits filed by the applicant, three of the persons namely Rakesh Banote, Ram Kumar and Nakul Prasad are present in the Court and they have been identified through their Driving License as well as Aadhar Cards. These persons have stated that they have never denied giving such affidavits and they were apprehending that the police might filed incorrect report, hence they have come to this Court to bring the correct facts before this Court. The house warming invitation card is also on record. All these persons, who are present in the Court have stated that they saw the police authorities lifting the present applicant from his car when he went to distribute the invitation card for his housewarming ceremony.

It is pertinent to note here that such an act of police authorities in filing the incorrect report is highly deprecated. It is also to be noted here that this Court has also called for the CCTV footage of that period, the same has been very conveniently declined on the ground that no CCTV footage of that day is Signature Not Verified Signed by: BHARTI GADGE Signing time: 4/28/2023 3:49:38 PM

available because of some renovation or up-gradation work going on in the police station. It has also come on record that earlier a case in the year 2015 was registered against the present applicant under NDPS Act. The applicant has been acquitted in that case on the ground that the prosecution has failed to prove his case against the applicant. The judgment to that effect is available on record. Under such circumstances, false implication of the present applicant in such a case cannot be ruled out.

Considering the statement of the villagers, who have given the affidavits, this application is allowed.

It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

In case, if the applicant is found involved in any other offence during the pendency of the trial then this bail order shall stand cancelled automatically and the authority concerned will be at liberty to take him into custody.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 4/28/2023 3:49:38 PM