Madhya Pradesh High Court
Vinod @ Ghanti vs The State Of Madhya Pradesh on 21 May, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 21 st OF MAY, 2024
MISCELLANEOUS CRIMINAL CASE No. 20458 of 2024
BETWEEN:-
VINOD @ GHANTI S/O SHRI BANWARILAL KEWAT,
AGE 37 YEARS, RESIDENT OF PATEL PARK KE PICHE
ASHOK NAGAR DISTRICT ASHOK NAGAR (MADHYA
PRADESH)
.....APPLICANT
(SHRI DHARMENDRA KUMAR GARG -ADVOCATE FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KOTWALI DISTRICT ASHOK NAGAR
(MADHYA PRADESH)
.....RESPONDENT
(SHRI ROHIT SHRIVASTAVA - PANEL LAWYER FOR RESPONDENT-
STATE)
This application coming on for HEARING this day, the court passed
the following:
ORDER
This first application has been filed by applicant under section 439 of the
Code of Criminal Procedure, 1973 for grant of bail in connection with Crime
No.238 of 2024 registered at Police Station Kotwali, District Ashok Nagar
(M.P.), for offence punishable under Section 8 read with Section 21 of NDPS
Act. The applicant is in judicial custody since 15/04/2024.
According to the prosecution case, on secret information, on 15/04/2024,
Sub-Inspector Shri Bhuvnesh Sharma of PS Kotwali, Ashok Nagar along-with
police force intercepted Vinod @ Ghanti (applicant) behind Patel Park. On
personal search, 6 grams of smack containing in plastic foil was recovered
from pocket of pant of the applicant. Contraband Smack was seized in
compliance with due procedure. Applicant was arrested on spot. PS Kotwali,
Ashok Nagar registered FIR at Crime No.238 of 2024 for offence punishable
under Section 8/21 of the NDPS Act against the applicant. Applicant is in
custody since 15-04-2024. Statements of witnesses were also recorded.
Investigation is underway.
Learned Counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant has been falsely implicated in this
matter. No offence, as alleged is made out against the applicant. Applicant is
aged around 37 years. He is labourer by profession. Applicant is permanent
resident of District Ashok Nagar. There is no likelihood of his absconsion
leaving his family, home and profession. There is no likelihood of tampering
wit h evidence by the applicant. The trial would take t ime to complete.
Therefore, applicant may be extended the benefit of bail.
Per contra, learned Counsel for the State opposes the bail application on
the ground of gravity of alleged offence, citing criminal history of four cases
against the applicant. No criminal antecedent of similar nature is alleged against
the applicant.
I n reply, learned Counsel for the applicant submits that applicant has
been acquitted in relation to Crime No.49/2016 vide judgment dated 09/07/2018
and has been sentenced to fine with TRC in relation to Crime No. 376/2002
and Crime No.02/2006. One matter is pending for trial and he has never been
convicted for any major offence.
Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall
circumstances of the case, but without commenting on merits of the case, this
Court is inclined to release the applicant on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicant -VINOD @ GHANTI shall be
released on bail in relation to Crime No. 238 of 2024 registered at Police
Station Kotwali, District Ashoknagar (M.P.), for offence punishable under
Section 8 read with Section 21 of NDPS Act, upon furnishing a personal bond
in the sum of Rs. 1,00,000/- (Rupees One lac Only) with one solvent surety
of the same amount to the satisfaction of the Trial Court, for compliance with
the following conditions,:(For convenience of understanding by accused
and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be
directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA
(2) Applicant shall not commit or get involved in any offence of similar
nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
/kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV
djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k
lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the Trial Court may consider on merit
cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that
he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
