Raju Kol vs State Of M.P

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.

The applicant is in custody since 15.05.2020 in connection with Crime No.360/2020 registered at P.S. Maihar, District-Satna (MP) for the offence

punishable under Sections 8/20 and 29 of N.D.P.S.Act.

The allegation against the present applicant is that he along with other co-accused were travelling in a truck carrying 8 quintal of contraband Ganja.

Learned counsel appearing for the applicant submits that applicant has been falsely implicated in this case. It is stated that as per the FIR and the

statement of driver, the applicant who is labour was sent by the owner. He himself had no knowledge about the Ganja being carried in the truck. It is

further stated that applicant has no past criminal history. Learned counsel for applicant further submitted that co-accused persons namely Sonu

Chouhdary @ Manendra Choudhary and Balmeek Kol have already released on bail by this Court vide order dated 20.01.2021 in M.Cr.C.

No.46290/2020, therefore, the present applicant may also be released on bail.

Learned Panel Lawyer appearing for the State has opposed the application and prayed for rejection of the same. She has stated that the present

applicant who is travelling on the truck as labourer was arrested on the spot. However, she fairly submits that there is no past criminal antecedents

against the present applicant.

Since the other co-accused persons have already been released on bail, on the ground of parity, this application is allowed.

It is directed that applicant Raju Kol shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with

one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard

during the trial.

This order will remain operative subject to compliance of the following conditions :-

“1. The applicant will comply with all the terms and conditions of the bond executed by hi;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so

as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled

automatically without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed

from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. â€​

Certified copy as per rules.