Liyakat Ali vs State Of Madhya Pradesh

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.808/2019

registered at Police Station - Itarsi District- Hoshangabad for the offence punishable under Section 8 r/w 20 of NDPS Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant has no criminal antecedents. It

is submitted that if the applicant is enlarged on bail, he will not abscond or flee from justice and he is ready and willing to abide by any reasonable

conditions that may be imposed against him in the event of admitting him on bail. He is in custody since 22.11.2019. The applicant is permanent

resident of the district 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 for the State has vehemently opposed the application and prayed for its rejection. Learned counsel for the State fairly

admitted that the applicant has no criminal antecedents under the NDPS Act.

Heard learned counsel for the respective parties and perused the entire documents annexed with the case diary. From a perusal of the record, it is

seen that 2 kg. of contraband article (Ganja) has been seized from the exclusive possession of the present applicant. The contraband article seized

comes under the intermediate quantity and the applicant has no criminal past prior to the present case.

Looking to the entire facts and circumstances of the case including that the applicant has no criminal record, but without commenting anything on its

merits, this application is allowed. The applicant - Liyakat Ali is directed to be released on bail upon his furnishing personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial

Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of 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;

(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;

(7) The applicant shall inform the Investigating Officer/Court about his address and residence in case the applicant moves out from his permanent

address for any point of time; and

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

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for

cancellation of bail granted today.

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.