Sanjay vs Union Of India
2023 Latest Caselaw 20617 MP

Madhya Pradesh High Court

Sanjay vs Union Of India on 6 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                          ON THE 6 th OF DECEMBER, 2023
                                       MISC. CRIMINAL CASE No. 49686 of 2023

                          BETWEEN:-
                          1.    SUNIL KUMAR S/O MULCHAND BIJWA, AGED
                                ABOUT    37  YEARS, OCCUPATION: LABOUR
                                VILLAGE BISALWAS SONIGARA, P.S. AND TEHSIL
                                NEEMUCH,    DISTT.   NEEMUCH      (MADHYA
                                PRADESH)

                          2.    GULABCHAND S/O RAMLAL HAGAYARI, AGED
                                ABOUT    32  YEARS, OCCUPATION: LABOUR
                                VILLAGE BISALWAS SONIGARA P.S. AND TEHSIL
                                NEEMUCH (MADHYA PRADESH)

                                                                                .....APPLICANT
                          (SHRI NILESH DAVE, LEARNED COUNSEL FOR THE PETITIONER .

                          AND
                          UNION OF INDIA THROUGH P.S. C.B.N. NEEMUCH,
                          DISTT. NEEMUCH (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                          (SHRI MANOJ KUMAR SONI, LEARNED COUNSEL FOR THE
                          RESPONDENT .

                                       MISC. CRIMINAL CASE No. 49324 of 2023

                          BETWEEN:-
                          SANJAY S/O MOHANLAL BALAI, AGED ABOUT 32
                          YEARS, OCCUPATION: LABOR R/O VILLAGE DOWAD
                          TEHSIL NEEMUCH (MADHYA PRADESH)

                                                                                .....APPLICANT
                          (SHRI AMIT SINGH SISODIA, LEARNED COUNSEL FOR THE PETITIONER
                          .

                          AND
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 12/8/2023
11:33:57 AM
                                                     2
                          UNION OF INDIA THROUGH CBN NEEMUCH (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (SHRI MANOJ KUMAR SONI, LEARNED COUNSEL FOR THE
                          RESPONDENT .

                                These applications coming on for admission this day, the court passed
                          the following:
                                                              ORDER

Heard analogously, perused the case diary and both the applications are being decided with this common order.

These are first bail application under Section 439 of Cr.P.C in connection with crime No.27/2023, registered at P.S - C.B.N.Neemuch, District - Neemuch

(M.P.) for offence punishable under Section 8/18, 29 of Narcotic Drugs and Psychotropic Substances Act, 1885. The applicants are in custody since 23.07.2023 & 04.08.2023 respectively.

( 2 ) As per prosecution story, 6kgand 520grams Opium has been recovered from the possession of the co-accused Kamal and the applicants have been implicated in the on the basis of mamaorandum statements of co- accused recorded under Section 67 of the NDPS Act.

(3) Learned counsel for the applicant submits that the applicants are innocent and they have falsely been implicated in this case. It is alleged that at the instance of applicant, 6.520 kg Opium was seized from other co-accused person namely Kamal and the applicants have been implicated in the on the basis of mamaorandum statements of co-accused recorded under Section 67 of the NDPS Act. Hence, it is submitted that the applicants cannot be liable for other quantity seized from the co-accused. It is furher submitted that similarly situated co-accused Dinesh has already been granted bail by this Court in

MCRC No.43914/2023 and the applicants are having parity with him. They are in jail since 23.07.2023 & 04.08.2023 respectively. Under these circumstances, he prays for grant of bail to the applicant.

(4) Counsel for State opposes the prayer and submitted that since on the information of the present applicant, commercial quantity was seized from the co-accused Kamal, therefore, the applicant is liable for abetment and bar of Section 37 of NDPS Act would be applicable. Counsel has also placed reliance upon the judgment passed by Hon'ble Apex Court, in the case of Union of India (NCB) ETC Vs. Khalil Uddin ETC [CRA no. 1841 - 1842/ 2022] as well as on Union of India vs. Ajay Kumar Singh an @ Pappu passed in CRA No. (5) So far as the judgement relied upon by counsel for the State/CBN are concerned, the facts of the aforesaid cases are different to the facts of this Court, hence, they are distinguishable. Further, having gone through the facts and circumstances of the case and looking to the fact that nothing was seized from the applications and their custody period, I am of the view that it is a case in which applicants may be released on bail. Consequently, without commenting anything on the merits of the case, this first bail applications u/s. 439 of Cr.P.C. filed on behalf of the applicants are allowed.

6. It is directed that the applicant/accused be released on bail on their

furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)each with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

C.C. as per rules.

(PREM NARAYAN SINGH) JUDGE amit