Gopal vs State Of M.P

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Virender Singh, J

As declared by the petitioner, this is the second bail application under Section 439 of Cr.P.C. for grant of bail.

First application was dismissed as withdrawn by this Court vide order dated 22.09.2020 passed in MCRC No.33341/2020.

According to the prosecution case, the police received a secret information on 22/07/2020 that Gopal (petitioner), Rakesh and Govind are involved

in illegal trafficking of opium and today in the night, they are going to deliver opium to some party near Panchmukhi Hanuman temple in village Amliya

Tanodiya Piplon Road, Police Station Badod, District-agar on Hero Honda motorcycle bearing registration No.M.P.-14 M.K.-5550. It was informed

by the informer that in case of quick action, they can be apprehended else they will escape. Following the due process, the police laid a picket,

reached on the spot about 23:45 in the night, noticed a black colour motorcycle at 00:15 hours with a white colour plastic bag hanging on the handle.

The police got the motorcycle stopped. All 3 persons riding on the motorcycle revealed their names as Gopal (petitioner), Rakesh and Govind.

Following the due process, the bag hanging on the handle of the motorcycle was searched. 1.4 kg. opium was recovered from the bag. None of the

motorcyclist produced valid paper(s) of possession of the contraband recovered. The opium was seized and sealed after taken out the sample. The

petitioner and other co-accused persons along with the opium seized were brought to the police station and booked in the present case.

The bail is pleaded on the ground that the alleged quantity was recovered from joint possession of the 3 accused persons. Further, parity with co-

accused Govind and Rakesh has been claimed, who have been granted bail by this Court vide order dated 10.11.2020 passed in M.Cr.C

no.44872/2020.

The State has opposed the prayer but has not controverted the fact of parity.

In view of the aforesaid, coupled with the period of custody, fact of parity with co-accused persons and other facts and circumstances of the case,

I deem it proper to allow the bail. Therefore, without commenting on merits of the case, the application is allowed. 7. It is directed that the petitioner

Gopal S/o Mangilal Vishvakarma be released from custody on his furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five 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.