Madhya Pradesh High Court
Rajaram vs The State Of Madhya Pradesh on 30 December, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:37015
1 MCRC-55609-2024
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. 55609 of 2024
RAJARAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhishek Rathore, learned counsel for the applicant.
Ms. Mradula Sen, learned Govt. Advocate for the respondent/State.
ORDER
1. They are heard. Perused the case diary /challan papers.
2. This is First bail application filed by the applicant under Section
483 of the Bharatiya Nagari Suraksha Sanhita, 2023 (previously Section 439
of the Cr.P.C.) for grant of bail.
3. Applicant is implicated in connection with Crime No.09/2023
registered at Police Station Narcotic Cell, Indore, Prakostha Mandsaur,
District Mandsaur (MP) for offence punishable under Section 8/15, 25 and
29 of NDPS Act. The applicant is in custody since 15.07.2023.
4. As per the prosecution, on 15.07.2023 on receipt of a secret
information the Police party reached the informed spot and recovered total
160 kilograms of contraband poppy straw from possession of the co-accused
including the present applicant which was being transported by them in a
Tata Safari bearing registration No. CJ-18-P-9068 without a valid license.
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10
NEUTRAL CITATION NO. 2024:MPHC-IND:37015
2 MCRC-55609-2024
On the basis of the recovery made from the applicant, he has been implicated
and arrested in the present offence.
5. Learned counsel for the applicant submits that applicant is
innocent and has falsely been implicated in the case. Investigation has been
completed and charge sheet has been filed hence further custodial
interrogation of the applicant is no longer required. He has been in custody
for a period of almost seventeen months and the trial is likely to take time for
its conclusion. The applicant is not having any criminal antecedent. The
seizure witnesses namely; Guddu and Raja have been examined before the
trial Court as PW.1 and PW.2 and both of them have not supported the
prosecution case and have been declared hostile. On such grounds prayer for
grant of bail to the applicant has been made.
6. The aforesaid prayer has been opposed by learned counsel for the
respondent/State submitting that in view of the allegation made against the
applicant, he is not entitled to be released on bail, merely on the basis of his
custody period and the fact that seizure witnesses have been declared hostile.
7. I have heard the learned counsel for the parties and have perused
the case diary as well as the record.
8. The allegation against the applicant is of transporting 160
kilograms of contraband poppy straw without a vaild license. He is in
custody for a period of about seventeen months. Investigation has been
completed and charge sheet has been filed hence further custodial
interrogation of the applicant is no longer required. The possibility of the
trial taking time for its conclusion cannot be ruled out. The applicant is not
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10
NEUTRAL CITATION NO. 2024:MPHC-IND:37015
3 MCRC-55609-2024
having any criminal antecedent. Both the seizure witnesses namely; Guddu
and Raja have been examined before the trial Court as PW.1 and PW.2 and
both of them have not supported the prosecution case in any manner and
have been declared hostile. Thus in my opinion the applicant deserves to be
enlarged on bail.
9. Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed to be
released on bail upon furnishing a personal bond in the sum of Rs.2,00,000/-
(Rs. Two Lakhs Only) with one solvent surety of the amount to the
satisfaction of the trial Court for his regular appearance before the trial Court
during trial with a condition that he shall remain present before the Court
concerned during trial and shall also abide by the conditions enumerated
under Section 437 (3) Criminal Procedure Code, 1973.
10. This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective.
Certified copy as per rules.
ns
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10