Madhya Pradesh High Court
Shelendra vs The State Of Madhya Pradesh on 30 December, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:36995
1 MCRC-54968-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 30th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 54968 of 2024
SHELENDRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Himanshu Thakur - Advocate for the applicant.
Shri Apoorva Joshi - G.A for the respondent/State.
ORDER
1. This is first bail application filed by the applicant under Section
482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Previously Section 438 of
Cr.P.C.) for grant of anticipatory bail. The applicant is apprehending his
arrest in connection with Crime No.445/2024, registered at Police Station
Nahargarh, District Mandsaur, for the offences punishable under Sections
8/15 of NDPS Act.
2. As per the prosecution, on 11/11/2024, 56 kg of contraband poppy
straw was recovered from co-accused Vikas which was being transported by
him in a swift car bearing registration No.MP/20/CE/4823 without valid
license. Upon recording of his statement under Section 27 of the Evidence
Act to the effect that the applicant was travelling alongwith him, he has been
implicated for the present offence.
3. Learned counsel for the applicant submits that the applicant is
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 03-01-2025
13:29:15
NEUTRAL CITATION NO. 2024:MPHC-IND:36995
2 MCRC-54968-2024
innocent and has falsely been implicated in the case. Besides the
memorandum of co-accused recorded under Section 27 of the Evidence Act,
there is no other material on record to connect the applicant with the present
crime. He is not the owner of the car. He shall co-operate with the
investigating officer and shall appear before him as and when directed. On
such grounds prayer for grant of benefit of anticipatory bail to the applicant
has been made.
4. The aforesaid prayer has been opposed by the learned counsel for
the respondent/State submitting that in view of the allegations levelled
against the applicant he is not entitled for grant of benefit of anticipatory
bail.
5. I have heard learned counsel for the parties and have perused the
case diary.
6. The implication of the applicant appears to be on the basis of
memorandum of co-accused recorded under Section 27 of the Evidence Act.
There does not appear to be any other direct evidence against the applicant.
He is not shown to be having any criminal antecedents and he has undertaken
to co-operate with the investigation. Thus in my opinion, the applicant
deserves to be granted the benefit of anticipatory bail.
7. It is directed that in the event of arrest of applicant by the Arresting
Officer, he shall be released on bail subject to his furnishing a personal bond
in the sum of Rs.2,00,000/- (Rupees two lakhs Only) with one solvent surety
of like amount to the satisfaction of the Arresting Officer (Investigating
Officer).
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 03-01-2025
13:29:15
NEUTRAL CITATION NO. 2024:MPHC-IND:36995
3 MCRC-54968-2024
8. This order shall be subject to the condition that the applicant shall
appear before the investigating officer on 9/1/2025 and shall regularly appear
before him on such date as and when directed.
9. Accordingly M.Cr.C.No.52757/2024, stands allowed and disposed
off.
(PRANAY VERMA)
V. JUDGE
PK
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 03-01-2025
13:29:15
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