Madhya Pradesh High Court

MCRC/4216/2024 of BHERULAL Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTAON THE 5[th] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4216 of 2024

BETWEEN:-

BHERULAL S/O KACHRULAL, AGED ABOUT 43 YEARS,OCCUPATION: AGRICULTURE R/O BABRECHA DISTT.MANDSAUR (MADHYA PRADESH)

(BY SHRI VIKAS JAIN - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION RINGNOD DISTT. RATLAM (MADHYAPRADESH)

.....APPLICANT

(BY SHRI RAHUL SOLANKI - GOVT. ADVOCATE)

.....RESPONDENT/STATE

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

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ORDER

Heard with the aid of case diary.

This is first application filed under Section 438 of Cr.P.C seeking anticipatory bail, as the applicant/accused is apprehending his arrest inconnection with FIR/Crime No.431/2023 dated (not mentioned) registered atPolice Station - Ringnod, District Ratlam M.P.) for the offence punishableunder Sections 8/15 and 29 of the NDPS Act.

2. Prosecution case in brief is that on 23.11.2023, co-accused was foundhaving and transporting 99.446 kg of Poppy Straw in a Car bearing registrationNo.DL-2C-AU-7051, without having any license or authority. The police had seized the aforesaid contraband and vehicle from the possession of co-accusedperson. During investigation, it was found that applicant and co-accusedpersons are also involved in the case.

3 . Learned counsel for the applicant submits that applicant has notcommitted the offence and he has falsely been implicated in the case only on thebasis of memorandum statement given by co-accused person Vinod. Nocontraband has been seized from the possession of the applicant. There is nolegal evidence available against the applicant. Applicant has no criminal pastlikewise this offence. Applicant is a reputed person and if the police arrests him,his reputation will be tarnished therefore, prayer is made for grant ofanticipatory bail to the applicant.

4. Learned counsel for the State has opposed the prayer and prayed for its rejection.

5 . Having considered the rival submissions and after perusal of casediary so also considering other facts and circumstances of the case, this Courtis of the view that applicant deserves to the enlarged on anticipatory bail hence,without commenting on the merits of the case, the application is allowed.

6. It is directed that in the event of arrest, applicant - BHERULAL shallbe released on bail upon his furnishing personal bond in the sum ofRs.50,000/- (Rupees fifty thousand Only) with one solvent surety in the likeamount to the satisfaction of the Arresting Officer for his appearance before theTrial Court on all dates and for complying with the conditions enumerated insub-section (2) of Section 438 of the Code of Criminal Procedure.

6. M.Cr.C. stands disposed of, accordingly.

Certified copy, as per Rules.

Shruti

(PRAKASH CHANDRA GUPTA)JUDGE

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