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Judgment
9 paragraphs · 414 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.147/2024 registered at P.S. Industrial Area Jaora, District-Ratlam (M.P.) for commission of offence punishable under Section 8/21 ,29 of NDPS Act. He is in jail since 10.03.2024.
2 . A s per the prosecution story, on 10.03.2024 police got discreet information regarding illegal transportation of the contraband on motorcycle. Acting upon the said information, police party reached on the spot and intercepted motorcyle bearing registration no.MP-14-MY-5257 which was driving by the present applicant Jagdish and during search 21 gram brown sugar from the possession of present applicant. Accordingly, a case has been registered.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 10.03.2024. Seized quantity of contraband is below than the commercial quantity therefore, there is no specific bar under Section 37 of the NDPS Act. Investigation is almost over, charge-sheet has been filed and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.
4 . Per-contra, learned counsel for respondent/State opposes the bail application but fairly submits that there is no criminal antecedents against the applicant.
Perused the case diary as well as the impugned order of the court below.
6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that seized quantity of contraband is below than the commercial quantity, therefore, there is no specific bar under Section 37 of the NDPS Act, investigation is over, applicant is not having any criminal past regarding NDPS Act and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Seventy Five Thousand Rupees only) with two sureties (out of which one local surety) in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
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