MOHWATI KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 10/10/2022 in connection with Crime No.212/2022 registered at P.S. Jaso, District Satna (M.P.) for the offence punishable under Sec. 8/20 (B) of NDPS Act. As per the prosecution, 141 green plants of Ganja have been seized from the land behind the house of the present applicant. As per the spot map (sthal panchnama), said land is in possession of one Ramkhilawan Kol S/o Narbada Kol.

(2.) Learned counsel for the applicant submits that applicant was not in possession of the land from where the green plants of Ganja were seized is also clear from the Sthal Panchnama. She has been arrested only because, according to the police, she ran away after seeing the police party. It is further pointed out that the seizure witnesses Ramsukha Kushwaha (PW.1) and Shivam @ Shibbu Goutam (PW.2), in their Court statements,have also not supported the prosecution story. It is stated that applicant has no past criminal antecedents. Learned PL has opposed the bail application. Considering the aforesaid, without adverting to the merits of the case, this application is allowed.

(3.) It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh ) with one surety in the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Sec. 437(3) of Cr.P.C.