Harshit Kesharwani vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application filed by the applicant under section 439 of Cr.P.C. for grant of bail.

The applicant is in custody since 9.9.2020 in connection with Crime No. 276/2020 registered at P.S. Kotwali, District Jabalpur for the offences punishable under Sections 8/20 of the NDPS Act.

As per prosecution, 2 Kg of contraband (Ganja) is alleged to have been seized from the possession of the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Previously only one case under Section 323 of the Indian Penal Code was registered against the applicant. Except that the applicant has no criminal history. The applicant is in custody since 9.9.2020 and trial would take considerable time due to situation created by Covid-19 pandemic, therefore, the applicant may be released on bail.

Learned Panel Lawyer for the State has strongly opposed the prayer for bail.

Looking to the facts and circumstances of the case and quantity of contraband article seized from the possession of the applicant, I find it a fit case to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that applicant Harshit Kesharwani shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the said Court on the dates so fixed by that Court during trial.

It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective without reference to the Bench.

The applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.