Monu@Mandeep vs The State Of Madhya Pradesh
2023 Latest Caselaw 19941 MP

Madhya Pradesh High Court

Monu@Mandeep vs The State Of Madhya Pradesh on 29 November, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 29 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 46679 of 2023

                           BETWEEN:-
                           MONU @ MANDEEP S/O SHRI SURESH RAJAK R/O
                           NADIPAR, TAAL, SHRINAGAR COLONY POLICE THANA
                           THATIPUR, DISTT. GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI RAKESH KUMAR DUBEY - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MURAR DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI D.K. BUDHOLIYA - PANEL LAWYER)

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

This is first application filed by the applicant under Section 439 of the

Cr.P.C. for grant of bail relating to Crime No. 659 of 2023 registered at Police Station Murar, District Gwalior (M.P.) for the offence under Section 8/21 of NDPS Act.

Allegation against the present applicant, in short, is that the police apprehended the applicant and recovered from her possession 25 grams of smack.

Learned counsel for the applicant argued that applicant is innocent and

has been falsely implicated. It is further argued that mandatory provisions of

NDPS Act have not been followed while seizing the contraband items. The charge sheet has since been filed and further custodial interrogation of the applicant may not be required. The applicant is in custody since 28.08.2023. The applicant is permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail. On these grounds, he prays for grant of bail to the applicant.

P er contra, learned counsel for the State vehemently opposed the bail application by citing criminal antecedents of the applicant and prayed for its dismissal.

In reply, counsel for the applicant filed the judgments of learned trial

Court and submitted that in most of cases, the applicant/accused has been acquitted.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself/herself in

extending inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant shall appear and mark his attendance before the SHO of the police station concerned once in First week of every month at 10 Am till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE vpn