Kailash Sharma vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.71 of 2023 registered at Police Station Mragvas, District Guna (M.P.) for the offence under Sections 8/20, 29 of NDPS Act.

Allegation against the present applicant is that 20 gm smack was seized from the possession of the applicant.

Learned counsel for the applicants argued that the applicant is innocent and has been falsely implicated. There is material lacuna in the seizure of the contraband. Applicant is in custody since 25.3.2023. Investigation in the matter is over by filing the charge-sheet, therefore, further custodial interrogation is no more required. The applicant is permanent resident of District Guna (M.P.) and there is no possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application citing the criminal history of the applicant and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial;

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.