Ajay Parashar @ Chikna vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the second application u/S.439 Cr.P.C filed by the applicant for grant of bail. First bail application filed by the applicant was dismissed as withdrawn by this court by order dated 10.05.2023 passed in M.Cr.C. No. 18877/2023.

T he applicant was arrested on 15.03.2023 in connection with Crime No.82/2023 by Police Station- City Kotwali, District- Bhind (M.P.) for the offence punishable under Sections 8/20 of NDPS Act.

In brief case of the prosecution is that, on 15.03.2023 Police Kotwali District Bhind seized 1 kg 700 gm cannabis from the possession of present applicant for which he could not justify the possession. Aforesaid contraband was seized. Offence was registered. Applicant was arrested. After investigation, charge-sheet in the matter has been filed.

Learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. After investigation, charge-sheet has been submitted and therefore, further custodial interrogation of the applicant is no more required. Conclusion of trial will take its own time. The applicant is in custody since 15.03.2023 and he is the permanent resident of District- Bhind (M.P.). He is ready to abide by all the terms and conditions as may be imposed b y this Court. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the State vehemently opposed the application and prayed for rejection.

Heard learned counsel for the parties and perused the case-diary. Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 15.03.2023 and conclusion of trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- alongwith a personal bail bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said cash security will stand forfeited automatically without notice to the applicant.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per rules.