Bahadur Singh vs State Of M.P

Rajeev Kumar Dubey, J

This is second application filed under section 439 Cr.P.C. Applicant Bahadur Singh was arrested on 14.05.2021 in Crime No.270/2021 registered at

Police Station Nahota, Distt. Damoh for the offence punishable under Section 8/ 20 of NDPS Act.

The first bail application of the applicant has been dismissed as withdrawn vide order dated 05.07.2021 passed in M.Cr.C. No. 25265/2021.

As per the prosecution case, on 13.05.2021 on the information of the informant police apprehended the applicant and seized 1.104 Kg. from his

possession which was illegally kept by the applicant in his possession.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant has no criminal past.

The applicant has been in custody since 14.05.2021, charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of

the applicant on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the quantity of ganja alleged to have been seized from the possession of the applicant, which

does not fall within the purview of commercial quantity and the fact that the applicant has no criminal past, he is in custody since 14.05.2021, the

charge-sheet has been filed and conclusion of trial will take time, without commenting anything on the merits of the case, the application is allowed and

it is directed that the applicant 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 sarathe 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 trial;

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 prior permission of the trial Court.

C.C. on payment of usual charges.