Deepu Alias Dheeraj vs State Of M.P

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 19.12.2021 in connection with Crime No.574/2021 by Police Station Banmore, District Morena (MP) for the offence

punishable under Section 8/21 of the NDPS Act.

As per prosecution story, on 19.12.2021 on the information of the informant police reached near Nagar Palika Banmore and found that two persons

are standing there in suspicious condition. They told their names as Mahendra and Deepu. On search, from the possession of co-accused Mahendra

50 gms of smack was seized and from the possession of applicant, one electronic weighing machine, cash of Rs.2235/- and polythene bags were

seized. Applicant was arrested.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody

since 19.12.2021. The alleged contraband article has not been seized from his possession. The applicant is a student. Investigation has been complete

and charge sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, 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 cash security of Rs.25,000/- along with bail

bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be

released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited.

Application stands allowed and disposed of.

Certified copy as per rules.