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Judgment
9 paragraphs · 370 wordsRamkumar Choubey, J
This is the first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the applicant for grant of regular bail relating to Crime No.321/2025 registered at Police Station Raipur Kalchuriyan, District Rewa (M.P.) for the offence punishable under Sections 8, 21, 22 of NDPS Act and section 5/13 of M.P. Drugs Control Act. The applicant is in custody since 18.01.2026.
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the case. It is also submitted that the applicant has been implicated solely on the basis of memorandum of co-accused persons. Nothing has been recovered from the possession of the present applicant. Thus, he prays that applicant may be released on bail subject to some stringent condition.
On the other hand, the counsel for the State opposed the bail application.
Considering overall facts and circumstances of the case, applicant may be enlarged on bail. However, considering the nature of the contraband recovered from the possession of the applicant, he may be released on bail subject to some stringent condition. Thus, without commenting anything on the merits of the case, this application is allowed.
It is directed that the present applicant namely Arunendra Vishwakarma
shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.
It is made clear that in case of any subsequent registration of alike offence against the present applicant, it shall be considered as violation of the conditions of this bail order and in that event, the applicant would become dis-entitled to remain on bail under this order and trial Court shall be free to treat this order as cancelled and proceed against applicant further in accordance with law.
Accordingly, this M.Cr.C. stands allowed and disposed of.