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2020 DIGILAW 1013 (MP)

Sunil Jaiswal v. State Of M. P.

2020-10-06

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. The applicant has filed this first application under section 439 of Cr.P.C. for grant of bail. 3. The applicant has been arrested by Police Station Keshwarhi, District Shahdol in connection with Crime No.480/2020 registered in relation to the offences punishable under Section 8/20, 29 of NDPS Act. 4. As per the prosecution, on an information received from an informer, the applicant was arrested along with two other persons and 24 kilograms of ganja was seized from the car. It is alleged that one Umesh Patel, who was also travelling in the car fled from the scene. 5. Learned counsel for the applicant submits that the present applicant has been falsely implicated. It is stated that the Sub-Inspector Archana Dhurve came to the house of the applicant on 27/28.06.2020 around 12.30 in the night and took the applicant forcefully in the custody. A complaint in this regard was filed by applicant's wife on 29.06.2020 before the Superintendent of Police, Annuppur as Annexure A-2. To substantiate the aforesaid, learned counsel invited the attention of this Court to the RTI documents obtained by him. It is stated that the applicant has been arrested and taken into custody a day before the incident and has been falsely named in the same incident on the next day i.e. on 29.06.2020. 6. Learned Panel Lawyer for the respondent/State has opposed the application. He read out the panchanama which was made on 29.06.2020 at around 00.30 hours stating that 24 kilograms of ganja was seized from the car in which applicant was travelling. 7. Considered the case diary statements as well as the documents filed by the applicant which have been received by him under RTI Act. Prima facie there is substance in the claim of the applicant that he was apprehended a day before as mentioned in complaint filed on 29.06.2020 before the Superintendent of Police, as it finds corroboration from the call details and remarks mentioned in the document, received under RTI. 8. In view of the aforesaid, this application is allowed. It is directed that applicant Sunil Jaiswal be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. 9. It is directed that applicant Sunil Jaiswal be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. 9. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him. 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 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; 4. 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. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. 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. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 10. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Anand Nayak, learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also. 11. Certified copy/e-copy as per rules/directions.