Madhya Pradesh High Court
MCRC/41054/2018 of HUKUMSINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.41054/2018(Hukum Singh s/o Ganga Singh Sondhiya
Versus
The State of Madhya Pradesh)
Indore, Dated 31.12.2018
Mr. Abhay Kumar Saraswat, learned counsel for the applicant.
Ms. Archana Kher, learned Public Prosecutor forthe non-applicant / State of Madhya Pradesh.Heard with the aid of case diary.
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O R D E R
This first application under Section 438 of CriminalProcedure Code, 1973 for grant of anticipatory bail filedon behalf of applicant Hukum Singh s/o Ganga SinghSondhiya, who is apprehending his arrest in connectionwith Crime No.164/2018 registered at Police StationBhanpura, District Mandsaur (MP) for offence punishableunder Section 8 read with Section 15 and Section 29 of theNarcotic Drugs & Psychotropic Substances Act, 1985.
2. According to the prosecution case, on 16.04.2018,police recovered 1,080 kilograms of poppy straw from thepossession of co-accused persons Gokul Singh and PratapSingh. Co-accused Gokul Singh named the presentapplicant as seller of the poppy straw recovered fromthem. Nothing is recovered from the possession of thepresent applicant. He is implicated in the alleged crimeonly on the basis of disclosure statement of co-accusedGokul Singh.
3. In reply the learned Public Prosecutor for the non- Pithawe RC
applicant / State of Madhya Pradesh has opposed theprayer grant of anticipatory bail. The objection of theprosecution is that earlier also, similar nature of crimecase was registered against the present applicant.
4. Considering the evidence collected during theinvestigation, without commenting on merits, at thisstage, I find it to be a fit case for grant of anticipatory bailto the applicant.
5. Accordingly, the anticipatory bail application isallowed and it is directed that in the event of theapplicant's arrest or surrender before the police within amonth of this order, applicant Hukum Singh s/oGanga Singh Sondhiya shall be released on bail uponhis furnishing a personal bond of Rs.50,000/- (RupeesFifty Thousand Only) with one solvent surety of the likeamount to the satisfaction of Station House Officer of thePolice Station concerned. The applicant would abide bythe conditions mentioned in Section 438 (2) of CriminalProcedure Code, 1973.
6. Accordingly, MiscellaneousCriminalCaseNo.41054/2018 stands disposed of.
(Virender Singh)
Vacation Judge