Madhya Pradesh High Court
Banwari vs The State Of Madhya Pradesh on 9 October, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 09th OCTOBER, 2023
MISC. CRIMINAL CASE No. 41007 of 2023
BETWEEN:-
BANWARI S/O GHAMANDI MEENA, AGE 42
YEARS, OCCUPATION: AGRICULTURIST
R/O VILLAGE LAMBA CHAK TALWADA
POLICE STATION KUMBHRAJ DISTRICT
GUNA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI KESHAV PATHAK- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION BAMORE
DISTRICT MORENA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAVINDRA SINGH KUSHWAH- DY. ADVOCATE GENERAL FOR
RESPONDENT/STATE)
This application coming on for admission this day, the court
passed the following:
ORDER
Shri Neelam Singh Yadav, Sub-Inspector/S.H.O., Police Section
Banmore District Morena is present in person.
The applicant has filed this fourth bail application u/S.439 Cr.P.C
for grant of bail. Applicant has been arrested on 17.05.2023 by Police
Station- Banmore, District Morena, in connection with Crime
No.16/2022, for the offence punishable under Sections 8/15 of NDPS Act.
2. It is the submission of learned counsel for the applicant that he is
suffering confinement since 17.05.2023 and suffered almost five months
of incarceration as pretrial detention. According to counsel for the
applicant, the source of implication of applicant is memo of co-accused
Kritpal Singh under Section 27 of Evidence Act. He appears to be
intermediary between prime accused Mukesh and Kritpal Singh. As per
allegations, 110 kg of Poppy Husk (Doda Choora) was found in
possession of applicant. On the basis of call records and some money
transactions, he has been implicated. He bears criminal record of one case
of offence under Section 307 of IPC but acquittal has been recorded in the
said case as per judgment dated 15.03.2023 passed by Additional
Sessions Judge Chachoda District Guna. He has a family to sustain
including two girls. Confinement amounts to pretrial detention. He
undertakes to cooperate in trial and would abide by all the terms and
conditions as imposed by this Court. Applicant intends to perform some
community service to purge himself out of the guilt felt by him and to
serve national / environmental / social cause. Under these circumstances,
his case may be considered for grant of bail.
3. Learned Deputy Advocate General for the State opposed the prayer
and submitted that Mukesh is the prime accused from where
transportation of Poppy Husk (Doda Choora) originates. Earlier his father
was licence holder for cultivation but after licence period came to an end,
Mukesh continued with the cultivation and sold it to present applicant
who in turn further disposed it to Kritpal Singh. He prayed for dismissal
of this bail application.
4. Learned counsel for respondent/State, on the basis of instructions
received, further informs this Court that this time Investigating Officer
has gone to the extent of Apex Perpetrator, namely Mukesh. The
Investigating Officer has acted as per the directions of this Court earlier
given in M.Cr.C. No. 31041/2023 vide order dated 02.08.2023. Learned
counsel for the respondent/State further submits that more investigation
would be carried out as per directions of this Court, in case if any other
person is also involved including the Authorities referred in Section 47 of
NDPS Act.
5. Heard learned counsel for the parties at length and perused the case
diary.
6. Considering the submissions advanced by the learned counsel for
the parties and fact situation, a chance be given to the applicant for course
correction, without commenting on the merits of the case and as per the
spirit of community service echoed in the order of Sunita Gandharva
Vs. State of M.P. reported in 2020(3) MPLJ(Cri.)247, the application is
allowed. It is hereby directed that the applicant shall be released on bail
on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac
Only) with two solvent sureties in the like amount to the satisfaction of
trial Court.
7. 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;
2. The applicant will cooperate in the investigation/trial, as the
case may be;
3. The applicant will not indulge themselves 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 shall not commit an offence similar to the offence
of which he is accused;
5. The applicant will not seek unnecessary adjournments during
the trial;
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 mark his presence on 1st and 15 th of
every month before the police station concerned between
10.30 am to 2.00 pm till conclusion of trial.
8. Applicant shall not try to tamper evidence/witnesses,
personally, through other persons or through mobile.
9. It is made clear that this bail is granted once the case is
made out for bail and thereafter, direction for plantation of
saplings is given and it is not the case where a person
intends to serve social cause can be given bail without
considering the merits.
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budk iquthZfor gksuk vko';d gSA
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dh bPNk ds dkj.k fn;k x;k gS tks LoSfPNd gSA
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8. It is expected from the applicant that he shall submit
photographs by downloading the mobile application (NISARG App)
prepared at the instance of High Court for monitoring the plantation
through satellite / Geo-tagging / Geo-fencing.
9. Application stands allowed and disposed of.
10. Before parting, this Court records its appreciation for the efforts of
Investigating Officer Shri Neelam Singh Yadav, Sub-Inspector who took
lot of pains to reach to the Apex Perpetrator. It is hereby expected that
Investigating Officer shall carry on further investigation exploring the
role of Authorities i.e. (Sarpanch, Upsarpanch and other officers of the
Government), if any, as per directions given by this Court in the case of
Gopal Krishna Gautam Vs. Union of India 2022 SCC OnLine M.P.
4405. Similarly, police shall continue to investigate role of Apex
Perpetrators in the other criminal cases also.
11. A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules.
(ANAND PATHAK)
JUDGE
ojha
ASHIS
Digitally signed by ASHISH
CHAURASIA
DN: c=IN, o=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
H
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
st=Madhya Pradesh,
2.5.4.20=bf81a9adb1da24e4bc7
b5195154c3d4de08c6bb9303e5
CHAU
2e2e7e728d9bac85bd3,
pseudonym=CA2EA6EDDF504F
8F9C2790FA9A0FD201D0242B6
4,
serialNumber=A926F3CBF979EC
RASIA
A6A4C477577EEDBA3AB4F9459
3A930B98DAE1B0AD16F90B5FD
, cn=ASHISH CHAURASIA
Date: 2023.10.11 19:39:58 -07'00'
