Balram vs State Of Mp

This is first bail application under Section 439 of Cr.P.C. in connection with Crime No.79/19 registered at Police Station â€" Daloda, Mandsaur

under Sections 8/15, 18 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to the prosecution case, the police received a secret credible information that some proprietors are carrying contraband in a Maruti van

and two persons are piloting them by a motor cycle. Acting on this information, the police barricaded the road & after sometime they noticed white

colour Motor cycle bearing registration No. MP14MK4316. They stopped them & on interrogation driver revealed his name as Rahul S/o Ashok and

pillion rider revealed his name as Balram (petitioner) S/o Ganpat. After some time, the police noticed a Maruti Van bearing registration

No.MP14BE0916 and it was also stopped. Driver of the van revealed his name as Vijay. All three were intimated about the information received by

the police and their wish to search their vehicle. They were also intimated about their right to make such search before any Magistrate or any other

Gazetted Officer. After obtaining their consent, the van was searched on the spot. 200 Kg poppy straw and 3 Kg opium was recovered from the car.

None of them were having licence for having possession or carrying the recovered contraband. Following the due process, the police registered the

present crime and arrested all of three in the same case showing recovery from all three Rahul, Balram and Vijay.

Learned counsel for the petitioner submits that under identical circumstances, co-accused Rahul has been granted bail by this Court in M.Cr.C.

No.984/2020 on 20/01/2020 and on the ground of parity, the present petitioner is entitled to the same.

Though the learned Public Prosecutor has opposed the application, however, he has fairly admitted that the case of the present petitioner is identical

to the case of co-accused Rahul, who has been granted bail by this Court.

In view of the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without

commenting on merits of the case, the application is allowed.

It is directed that the petitioner Balram S/o Dharampal Soni be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/-

(Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and

when required further subject to the following conditions:

(i) The petitioner shall co-operate in the trial and shall attend the trial Court during the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as

to dissuade them from disclosing such facts of the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activities;

(iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.