Lekhraj vs State Of M.P.

Vivek Rusia, J

This is the third bail application filed under section 439 Cr.P.C seeking bail in connection with Crime No.330/2020 registered at police station Kalipeeth

District Rajgarh for the offence punishable under section 8/18 of 18 ( C) and 27 of NDPS Act and 3/181 of Motor Vehicle Act, 1988.

The applicant is in jail since 9.10.2020.

The first bail application was dismissed as withdrawn on 6.1.2021 passed in MCRC.No.52745/2020 whereas the second bail application was dismissed

as withdrawn with liberty to repeat the prayer after recording of statement of seizure witness on 8.6.2021 passed in MCRC.No.15686/2021.

The learned counsel for the applicant submits that the seizure witnesses have been examined on 26.3.2021 as PW-1 and PW-2 and they are not

supporting the case of the prosecution, hence, the applicant has filed the present bail application.

The learned counsel for the applicant further submitted that the seized quantity of opium is 1.020 Kg less than the commercial quantity. The applicant

is a youth of 20 years with no criminal past.

Trial may take time to conclude. In Similar facts and circumstances, this Court has granted bail to various accused, who were found in possession of

opium less than the commercial quantity with no criminal past. Under these circumstances, learned counsel for the applicant prays for grant of bail to

the applicant.

The learned counsel for the respondent State opposes the bail application.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to

be released on bail upon his furnishing personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) with surety in the like amount to the

satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated

under section 437(3) Cr.P.C.

Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.