Vishnu Kumar vs State Of M.P

Subodh Abhyankar, J

This is the applicant's first application under Section 438 Cr.P.C,1973, for grant of anticipatory bail, as he/she is apprehending his/her arrest in connection with Crime No.59/2020, registered at Police Station-Gandhi Sagar, District- Mandsaur (M.P) for commission of the offence punishable under Sections 8/15, 25, 29 of the N.D.P.S. Act.

The allegation against the applicant is that he was involved in the aforesaid offence wherein 54 kg.of Poppy straw has been seized from the possession of the main accused Gangaram and who has given the memo prepared under Section 27 of the Evidence Act naming one Gopal as a person from whom the said contraband was purchased by him and subsequently when Gopal was also arrested he named the present applicant as a person from whom a part of the contraband was purchased from him.

Learned counsel for the applicant has submitted that except the memo prepared under Section 27 of the Evidence Act and that too by an accused who is not the main accused there is no other material evidence available on record to connect the applicant with the offence. It is further submitted that the final conclusion of the trial is likely to take sufficiently long time. Counsel has further submitted that if the applicant is arrested, irreparable injuries shall be caused to him. Thus, it is prayed that the applicant be released on anticipatory bail.

Learned counsel for the State, on the other hand, has opposed the prayer and it is submitted that there are one another case under Section 279, 337 of the IPC also pending against the applicant.

Having considered the rival submissions and this Court finds forced with the contentions raised by the counsel for the applicant, in the considered opinion of this Court, custodial interrogation of the applicant in the present facts and circumstances of the case, is not required.

In view of the aforesaid, this Court finds it expedient to allow the present application for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his/her executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the

Arresting Officer (Investigating Officer).

The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. The applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

With the aforesaid, this M.Cr.C. stands disposed of.