Ajay Prakash Sharma vs State Of Madhya Pradesh

This is First bail application filed under section 439 Cr.P.C. Applicant Ajay Prakash Sharma was arrested on 22.08.2019 in Crime No.10/2019 registered at Police Station STF, District Bhopal for the offence punishable under Section 8/17, 18 of NDPS Act.

As per the prosecution case, on 11.07.2019, on the information of informant, police apprehended the co-accused Motilal Mali @ Raju and seized 4 Kgs. 300 gram of opium from his possession. On interrogation, co-accused Motilal Mali @ Raju informed the police that he was carrying the opium to deliver it to applicant Ajay Prakash. On that police also arrested the applicant.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is alleged that co-accused Motilal Mali @ Raju informed the police that he was carrying the opium to deliver it to the applicant. But in this regard police did not record any memorandum of co-accused Motilal Mali @ Raju. Police only on the basis of call details of mobile conversation between the applicant and co-accused Raju Mali implicated the applicant in the crime. Nothing has been recovered from the possession of the applicant. Charge-sheet has been filed. The applicant is in custody since 22/08/2019 and the conclusion of the trial will take time, hence prayed for the release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available against the applicant to connect him with the offence in question. One other offence is also registered against the applicant. So looking to provisions of Section 37 of NDPS Act, he should not be released on bail.

In reply learned counsel of the applicant submitted that in that case trial court has already acquitted the applicant.

It appears from the case diary that the Police only on the basis that co-accused Motilal Mali @ Raju informed the police that he was carrying the opium to deliver it to the applicant and call details, implicated applicant in the crime. But in this regard police did not prepare any memorandum of co-accused Motilal Mali @ Raju. Nothing has been recovered from the possession of the applicant. So looking to the fact and circumstances of the case and the strength of the evidence collected by the Police against present applicant during investigation of the crime, prima facia it cannot be said that there is a reasonable ground to hold that the applicant has committed any offence punishable under the N.D.P.S. Act Charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case the application is allowed and it is directed that the applicant Ajay Prakash Sharma be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without the prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. on payment of usual charges.