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2023 DIGILAW 200 (MP)

Mangilal @ Manga v. State of Madhya Pradesh

2023-02-01

VIVEK RUSIA

body2023
JUDGMENT Vivek Rusia, J. - This is second bail application filed under Section 439 of Cr.P.C. in connection with Crime No.226/2020 registered at Police Station Nagalwadi, District Barwani for the offence punishable under Section 8/20 of NDPS Act. The applicant is in jail since 02/10/2021. 2. The first application was dismissed vide order dated 22/04/2022 passed in MCRC.No.1265/2022. 3. As per prosecution story, on 06/09/2020 police received an information from informant about one person transporting illicit contraband Ganja on a black coloured Hero Splendor motorcycle bearing registration number MP-43-MG-3902 from village Mandwadi to Ratlam for delivering the same to some smuggler. Police intercepted the said rider who revealed his name as Dinesh. Thereafter, police searched and found 09 kg 100 grams Ganja from the possession of main accused Dinesh. Thereafter, police registered case, arrested the main accused person and recorded his statement u/s 27 of Evidence Act wherein he implicated the name of one Dilip as the person from whom he procured the said contraband. Thereafter, police arrested accused Dilip and recorded his statement u/s 27 of Evidence Act wherein he implicated the name of present applicant - Mangilal @ Manga as the person from whom he procured the said contraband. 4. Learned counsel for the applicant submits that this applicant has been implicated on the basis of memorandum under Section 27 of Evidence Act of Dilip who has been granted bail by this Court vide order dated 04.01.2022. So far as the other criminal case registered against him is concerned, in that case also he has been enlarged on bail. In the present case quantity of Ganja i.e. 09 kg and 100 grams is recovered which is less than the commercial quantity. The applicant is in jail since 02.10.2021, in this premises, learned counsel for the applicant submits that applicant may kindly be granted bail. 5. Learned Government Advocate for the respondent / State opposes the application and prays for its rejection. 6. Considering the facts and circumstances of the case and without commenting on the merits of this case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed. The applicant - Mangilal @ Manga is directed to be released on bail upon his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties of Rs. Accordingly, the bail application is allowed. The applicant - Mangilal @ Manga is directed to be released on bail upon his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties of Rs. 1,00,000/- (Rupees One Lakh Only) each (one must be local) in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) Cr.P.C. 7. This bail order shall be effective till the end of the trial, however, in case of bail jump, the present bail order shall become ineffective. Certified copy as per rules.