Vishnu S/O Rajendra Das v. State Of Mah. Thr. Pso Ps Katol Distnagpur

11BA901.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 901 OF 2020 (Vishnu s/o Rajendra Das Vrs. State of Maharashtra, thr. P.S.O., P.S. Katol, Dist. Nagpur) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Ms. S.S. Deshpande, Adv. for the applicant.

Shri H.D. Dubey, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 22, 2020.

Heard.

2.

The applicant is seeking bail in Crime No.

347/2016 registered at Police Station Katol, Dist. Nagpur, for the offence punishable under Sections 8(c), 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

I have perused the application, affidavit-inreply filed on behalf of the State and the charge-sheet with the assistance of learned counsel on behalf of both the sides.

4.

The allegation against the present applicant is that he drove the car Honda City bearing registration No. MH 31 CM 2051, which was found parked at the godown of farm house of the co-accused. It is alleged that the applicant brought the said car on the spot of the incident. 5.

The learned counsel for the applicant states that the present applicant came to be arraigned as an accused in this crime on the basis of the statement of the co-accused. Except his role of driving the aforesaid car,

11BA901.2020.odt the learned A.P.P. could not point out any other role of the present applicant.

6.

Undisputedly, the other seven co-accused in this crime to whom admittedly greater role has been attributed by the prosecution, are already released on bail either by the Hon'ble Apex Court, this Court or the Sessions Court.

7.

Considering these facts, this Court is inclined to grant him bail. Hence, the following order : (i) The applicant - Vishnu s/o Rajendra Das shall be released on bail on executing Personal bond of Rs. 5,00,000/- (Rs. Five lakhs only) with one local surety in the like amount.

(ii) The applicant shall also deposit the original title documents of his property or the property of his family members in Delhi, subject to the verification by the learned Trial Court.

(iii) The applicant shall report to the concerned Police Station on the first Monday of every quarter.

(iv) Needless to say that in case of breach of any of the aforesaid conditions, the respondent / State will be at liberty to arrest the applicant.

8.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa