Bheemsen Ojha vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 17.06.2025 in connection with Crime No.164/2025 registered at Police Station- Fatehgarh, District Guna for offence punishable under Sections 21, 8 of NDPS Act further added section 29 of NDPS Act.

As per prosecution story, 12.01 gm. smack has been recovered from the possession of the present applicant.

Learned counsel for the applicant/accused has submitted that the applicant is innocent and has been falsely implicated. It is argued that the mandatory provisions of the NDPS Act were not complied with at the time of seizure. The said quantity being larger than the small quantity but lower than the commercial quantity. Conclusion of trial will take considerable time. The applicant is a permanent resident of District Guna and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned counsel for the State opposes the application and prayed for its rejection by submitting that the applicant has criminal antecedents of ten cases.

Heard learned counsel for the rival parties and perused the case diary.

Considering the overall facts and circumstances of the case and looking to the alleged quantity of seized contraband i.e. Ganja, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

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 themselves in extending inducement, threat or promise to any person acquainted with the facts 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

and

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

Certified copy as per rules.