Madhya Pradesh High Court
MCRC/57721/2023 of DEVA ALIAS DEVILAL ALIAS RANVEER OADH Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISCELLANEOUS CRIMINAL CASE No. 57721 of 2023
BETWEEN:-
DEVA ALIAS DEVILAAL ALIAS RANVEER OADH S/OSHRI RAMLAAL OADH, CASTE OADH, AGED 35 YEARS,R/O BEHIND THE ANAJ MANDI SHEOPUR AT PRESENTDISRICT JAIL SHEOPUR (MADHYA PRADESH)
(BY SHRI ANSHU GUPTA - ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION KOTWALI DISTRICT SHEOPUR (MADHYAPRADESH)
(BY SHRI RAVI BALLABH TRIPATHI - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 439 of Cr.P.C. has been filed forgrant of bail.
3. Applicant has been arrested on 09.10.2023 in connection with Crime No.544/2023 registered by Police Station Kotwali, District Sheopur for offencepunishable under Section 8/20 of NDPS Act.
4. It is submitted by the counsel for the applicant that according to the prosecution case, 1.2 kg of ganja has been seized from the possession of theapplicant. The applicant has been falsely implicated. He is in jail for the lastmore than two and a half months. So far as criminal antecedents are concerned,it is true that as many as 15 cases were registered against him but except twocases, all other cases were registered prior to the year 2010. In view of thecriminal antecedents, applicant is ready and willing to abide by any stringentcondition which may be imposed by the Court. The trial is likely to takesufficiently long time.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that applicant has a criminal history of 15 cases butfairly conceded that 13 cases were registered prior to the year 2010 and onlytwo cases were registered in the year 2021 under NDPS Act.
6. Considering the period of detention as well as criminal antecedents ofthe applicant, this Court is of the considered opinion that the applicant can begranted bail only on stringent condition. Accordingly, without commenting onthe merits of the case, the application is allowed. It is directed that the applicantshall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the TrialCourt/Committal Court to appear before the Court on the dates given by theconcerned Court.
7. It is further directed that the applicant shall appear before the S.H.O.Police Station Kotwali, District Sheopur on 1st & 15th of every month during the pendency of the Trial. In case of bail jump or non-appearance of theapplicant before the police station as directed by this Court, this order shall loseits effect.
8. In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.
9. Certified copy as per rules.
Aman
(G.S. AHLUWALIA)V. JUDGE