Manish Jaat vs State Of M.P

S.A. Dharmadhikari, J

The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station- City Kotwali, District- Ashoknagar (M.P.) in connection with Crime No.760/2020 registered in relation to the offence punishable under Sections 8/21, 8([k) read with 21([k) of NDPS Act.

Allegations against the applicant, in short, are that 6 gram of smack was seized from the possession of the present applicant. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant, who has no criminal past alleged against him, has been falsely implicated in the case. He is in custody since 15/12/2020. Charge-sheet has been filed, therefore, no further custodial interrogation is required. It is also submitted by the learned counsel for the applicant that 6 gram of smack is slightly above from the small quantity but much less than commercial quantity. The applicant is a permanent resident of District- Ashoknagar and there is no possibility of his absconding or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely - Manish Jaat be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. This order will remain operative subject to compliance of the following conditions by the applicant:-

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

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

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;

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy/e-copy as per rules/directions.