Madhya Pradesh High Court
MCRC/4375/2024 of PHOOL CHAND SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4375 of 2024
BETWEEN:-
PHOOL CHAND SINGH S/O SHRI BHOLA SINGH GOND,AGED ABOUT 40 YEARS, OCCUPATION: LABOR R/OVILLAGE BHAMARHA P.S. BEOHARI DISTRICTSHAHDOL (MADHYA PRADESH).
(BY SHRI AVI SINGH - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BEOHARI DISTRICT SHAHDOL (MADHYAPRADESH).
(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the third bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIRNo.582/2023, registered at Police Station-Beohari, District Shahdol (M.P.) forthe offence punishable under Sections 8/20-B of NDPS Act.
2. Learned counsel appearing for applicant submitted that applicant isinnocent and has falsely been implicated in the case. Independent seizurewitnesses have been examined and they are hostile in Court. Applicant is firsttime offender with no criminal record. He is in jail since 20.07.2023. In these circumstances, applicant be released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application.
4. Heard learned counsel for the parties.
5. Considering the fact that seizure witnesses have turned hostile and thefact that applicant is first time offender, bail application filed by the applicant isallowed. It is directed that the applicant shall be released on bail on hisfurnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trialCourt concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
6. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditionsof the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commissionof which he is suspected and;
(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.
7. Certified copy as per rules.
vkt
(VISHAL DHAGAT)JUDGE