Narayan Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 22690 MP

Madhya Pradesh High Court

Narayan Patel vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                              1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF DECEMBER, 2023
                                            MISC. CRIMINAL CASE No. 53170 of 2023

                           BETWEEN:-
                           NARAYAN PATEL S/O JHADDU PATEL, AGED ABOUT 22
                           Y E A R S , OCCUPATION: LABOUR   R/O  VILLAGE
                           SATARIYA POLICE STATION PATERA DISTRICT DAMOH
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI BRAJESH MISHRA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION G.R.P. SHAHDOL DISTRICT SHAHDOL
                           (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI )

                                  Th is application coming on hearing this day, th e court passed the
                           following:
                                                               ORDER

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

ORDER Case diary is available.

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3 . The applicant has been arrested on 04.11.2023 in connection with Crime No.118/2023 registered at Police Station GRP, Shahdol for offence

under Sections 8/20 of NDPS Act.

4 . It is submitted by counsel for applicant that according to the prosecution case, about 5.170 Kg. of 'ganja' has been recovered from the joint possession of the applicant and co-accused. Applicant has been falsely implicated. It is further submitted that applicant has no criminal history. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

5. Per contra, the application is vehemently opposed by counsel for the State. However, it is fairly conceded that applicant has no criminal history.

6. Considering the allegations made against the applicant, this Court is of

considered opinion that application for grant of bail can be allowed.

7 . Accordingly, it is directed that applicant-Narayan Patel shall 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 o f the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

8. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

9. In the light of the judgment passed by the Supreme Court in the case o f 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.

10. The application succeeds and is allowed.

(G.S. AHLUWALIA)

V. JUDGE RM