Jarif Khan vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this first application under Section 439 Code of Criminal Procedure for grant of bail.

Applicant has been arrested on 15/05/2022 by Police Station Noorabad, District Morena (M.P.) in connection with Crime No. 81/2022 registered for offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act.

It is submitted by learned counsel for the applicant- Jarif Khan that the applicant has not committed any offence. He has falsely been implicated in this case. The applicant is in custody since 15/05/2022. There is no role of the applicant in the commission of alleged offence. It is further submitted that the allegation of recovery of 40 Kg Ganja from the possession of the applicant is false. Earlier co-accused Satish Sharma has been released on bail vide order dated 22/06/2022 passed in M.Cr.C. No. 28469/2022. Investigation and trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the submissions and prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the case and the fact that trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be forfeited;

The applicant will not move in the vicinity of complainant party and 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;

The applicant shall mark his presence before the SHO of concerning police station once in every month till conclusion of trial.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.