MCRC/51511/2018 of SURJEET SINGH @ BANTI Vs THE STATE OF MADHYA PRADESH on 31 December 2018

O R D E R

Applicant Surjeet Singh @ Banti s/o Premchandjihas filed this first bail application under Section 439 ofthe Code of Criminal Procedure, 1973 before the HighCourt in connection with Crime No.164/2018 registered atPolice Station Bhanpura, District Mandsaur (MP) foroffence punishable under Section 8 read with Section 15and Section 29 of the Narcotic Drugs & PsychotropicSubstances Act, 1985. He is in custody since 22.04.2018.2.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 / supplier of the poppy straw recoveredfrom them. Nothing is recovered from the possession ofthe present applicant. He is implicated in the allegedcrime only on the basis of disclosure statement of co-accused Gokul Singh.

Pithawe RC

3. Considering the evidence available in the case diary,statement of the witnesses recorded during investigation,and other facts and circumstances of the case, I deem itproper to release the accused / applicant on bail.Therefore, without commenting on merits of the case, theapplication is allowed.

It is directed that applicant Surjeet Singh @ Banti s/o Premchandji be released from custody on hisfurnishing a personal bond in the sum of Rs.50,000/- with one solvent(Rupees Fifty Thousand Only)surety to the satisfaction of the Trial Court for herappearance before the Trial Court, as and when required further, subject to the following conditions :-

(i) The applicant shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;

(ii) The applicant shall not directly or indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade him / her fromdisclosing truth before the Court;

(iii) The applicant shall not commit any offence orinvolve in any criminal activity; and,

(iv) In case of his / her involvement in any othercriminal activity or breach of any other aforesaidconditions, the bail granted in this case may also becancelled.

5. Miscellaneous Criminal Case No.51511/2018 standsdisposed of.

(Virender Singh)

Vacation Judge