Madhya Pradesh High Court

MCRC/5533/2024 of PRABHULAL RATHORE Vs THE STATE OF MADHYA PRADESH on 5 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

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. 5533 of 2024

BETWEEN:-

PRABHULAL RATHORE S/O DHULAJI RATHORE, AGED56 YEARS, OCCUPATION: AGRICULTURIST R/O WARDNO. 7 VILLAGE PIPLIYA SISODIYA, DISTRICT RATLAM(MADHYA PRADESH)

(BY SHRI HIMANSHU THAKUR - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION ALOT, DISTRICT RATLAM (MADHYAPRADESH)

.....APPLICANT

(BY SHRI RAHUL SOLANKI - GOVT. ADVOCATE)

.....RESPONDENT/STATE

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

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ORDER

Heard with the aid of case diary.

This is first application filed under Section 438 of Cr.P.C. for grant ofanticipatory bail to the applicant/accused, relating to FIR/Crime No.510/2023dated (not mentioned) registered at Police Station Alot, District Ratlam (M.P.)for commission of offence punishable under Sections 8/15 and 8/18 of theNDPS Act.

2. Prosecution story in brief is that on 30.07.2023, co-accused GopalSingh and Kishor Patidar were found transporting 60.600 kgs of Poppy Straw and 550 grms of Opium in a Swift Dzire car bearing registration No.MP09-WB-1601, without having any license or authority. During investigation, applicantwas implicated in the case.

3. Learned counsel for the applicant submits that the applicant/accusedhas not committed the offence and he has falsely been implicated in the caseonly on the basis of memorandum statement of co-accused person Devilal. Nocontraband was seized from the possession of present applicant. There is nolegal evidence against him. He is a reputed person. Police is trying to arrest himand if the police arrests him, his reputation will be spoiled therefore, it is prayedthat the applicant be granted anticipatory bail.

4. On the other hand, learned counsel for the State has opposed theprayer and prayed for its rejection.

5. Having considered the rival submissions and also looking to theaforesaid facts and circumstances of the case, this Court is of the view thatapplicant deserves to the enlarged on anticipatory bail hence, withoutcommenting on the merits of the case, the application is allowed.

6. It is directed that in the event of arrest, applicant - Prabhulal Rathore shall be released on bail upon his furnishing personal bond in the sum ofRs.1,00,000/- (Rupees One lac only) alongwith one solvent surety in thelike amount to the satisfaction of the Arresting Officer for his appearance beforethe Trial Court on all dates and for complying with the conditions enumerated insub-section (2) of Section 438 of the Code of Criminal Procedure.

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

Certified copy, as per Rules.

Shruti

(PRAKASH CHANDRA GUPTA)JUDGE

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