Kashiram Mahere (Bramhan) vs State Of Madhya Pradesh

This is first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. T he applicant has been arrested and is in judicial custody since 12.08.2019 in connection with Crime No.198/2019 registered by Police Station Chichli, District Narsinghpur (M.P.) for offence punishable under Section 8/20 of the NDPS Act.

The prosecution story in short is that on an information received from an informant, police seized 2 Kgs. of contraband (Ganja) from possession of the applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. The applicant is in jail since 28.08.2019. There are no criminal antecedents of the applicant. Trial will take a long time to conclude. The applicant has no criminal antecedents and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection.

Heard learned counsel for the respective parties and perused the entire record of the case.

Taking into consideration the entire material available on record alongwith the quantity of contraband which is minimum and the fact that no any other criminal offence is reported against the applicant, this application is allowed without expressing any opinion on merits of the matter. It is ordered that applicant Kashiram Mahere (Bramhan) be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/- (Rupees One Lac) with one local solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

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 trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the entire period of bail.

(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; and

(7) The applicant shall inform the Court about his address and residence in case the applicant moves out from his permanent address for any point of time.

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.