Girdhari Sahu vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application under Section 439 of Cr.P.C for grant of bail. Applicant Girdhari Sahu was arrested on 31/7/2020 in connection with Crime No.400/2020 registered at Police Station Barghat, District Seoni for the offence punishable under Section 8/20-B of the NDPS Act.

A s per the prosecution case, on 31/7/2020, on the information of informant, police apprehended the applicant and seized 1 Kg. and 200 gms of ganja from his possession which was illegally kept by the applicant in his possession.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The applicant has been in custody since 31/7/2020, charge-sheet has been filed and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the quantity of ganja alleged to have been seized from the possession of the applicant does not fall within the purview of commercial quantity, applicant has no criminal past, he is in custody since 31/7/2020, 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. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial 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 trial;

3.The applicant will not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him/her 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. as per rules.