M.Cr.C. No.3676/2010
23.7.2010
Shri Sandeep Singh, counsel for the applicant.
Shri R. N. Yadav, Panel Lawyer for the respondent/
State.
Heard both the parties.
Case diary of Crime No.6 of 2010 registered at
Police Station Anantpur, District Rewa for offence
punishable under Section 20-B of N.D.P.S Act is perused.
The applicant is in custody since 5.1.2010.
Learned counsel for the applicant submits that the
applicant was a target to torture of the Police,
particularly by Inspector Girish Mishra. Against that
torture, mother of the applicant, has submitted a
complaint in the month of April 2009 to the S.P
concerned. The applicant was a witness in a complaint
filed against various police officers and officials by one
Premlal Kushwaha therefore, local police of Rewa is
highly biased against the applicant. It is alleged that on
5.1.2010, the applicant was selling Ganja and Police has
registered a case against the applicant of having
possession of 5.150 kg. of Ganja with him. He further
submits that in that matter, the paper cutting Annexure
A/6 is relevant. This is the paper cutting of one news
paper Vindhya Bharat, Rewa City dated 5.1.2010 in which
it is stated that the applicant was arrested for crime of
theft on 3.1.2010 but, his arrest was not shown on
papers. When he was in custody since 3.1.2010, it was
not possible for him to sell Ganja on 5.1.2010. He
further invites the attention of this Court that Sushil
Verma (P.W.3) who is examined before the Court has
accepted that on 3.1.2010 the applicant was taken by
Inspector concerned from Bara Mohalla since then he was
in custody. Therefore, Police has made a concocted
case against the applicant. There are so many cases
shown against the applicant but, these cases are
concocted. The applicant is in custody since 5.1.2010
therefore, he prays for bail.
Learned Public Prosecutor opposes the application.
After perusing the case diary and hearing aforesaid
arguments, without expressing any view on the merits of
the case, I am of the opinion that this is a fit case in
which bail may be granted to the applicant namely
Sanju alias Dhanendra Pratap Singh with difficult
condition.
Therefore, application of the applicant Sanju alias
Dhanendra Pratap Singh under Section 439 Cr.P.C. is
hereby allowed. He be released on bail on furnishing of
a bond in sum of Rs.50,000/- (Rupees fifty thousand)
with two surety bonds of Rs.25,000/- (Rupees twenty five
thousand) each to the satisfaction of trial Court to appear
before the trial Court on the dates given by the
concerned Court.
Certified copy if applied.
(N.K. Gupta)
Judge
bina