Krishanpal Singh vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.612/2023 registered at Police Station Dehat Distt. Ashoknagar (M.P.), for the offence punishable under section 8/20 of NDPS Act. The applicant is in judicial custody since 08.10.2023.

According to the prosecution case, on 08.10.2023, on secret information ASI Kasim Khan along with police force of PS Dehat Distt. Ashoknagar reached village Haider Distt. Ashoknagar and intercepted applicant. On search, 23 Ganja trees (total quantity 27 Kg 900 Gram) were seized from possession of applicant. Applicant was taken into custody. On such allegations, PS Dehat Ashoknagar registered FIR in Crime No.612 of 2023 for offence punishable U/s 8/20 of NDPS Act. He was arrested on 08.10.2023. He is in custody ever since.

Learned counsel for the applicant in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. Further, green plants without flowering top were seized from possession of the applicant. Learned counsel further contends that applicant is an agriculturist and sole bread earner of the family. Jail incarceration is causing hardship to the applicant and family. There is no likelihood of interference in the investigation. The applicant is permanent resident of Dehat Distt. Ashoknagar and there is no likelihood of his absconding leaving behind his family. The trial would take time. No further custodial interrogation is needed. Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the bail application and submits that the applicant was prosecuted for similar offence earlier in the year 2020.

In reply learned counsel for the applicant submits that applicant has already been released on bail in that matter and he has never been convicted for any heinous offence.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Krishnapal Singh shall be released on bail in connection with Crime No.612/2023 registered at Police Station Dehat Distt. Ashoknagar (M.P.), for the offence punishable under section 8/20 of NDPS Act, upon furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.