Narendra Kashyap vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

T he applicant is in jail since 25.07.2021 in connection with Crime No.186/2021, registered at Police Station Pathrota, District Hoshangabad for the

offence punishable under Section 8/20 of the NDPS Act.

As per the prosecution case, it is alleged that 5.294 kilograms of contraband material cannabis (ganja) has been recovered from the possession

applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He is the first offender. It is

submitted that the applicant is in custody since 25.07.2021 and there is no hope of conclusion of trial in near future on account of situation created due

to Covid-19 pandemic, therefore, he may be released on bail.

Learned Panel Lawyer for the State has opposed the application. Looking to the quantity of cannabis (ganja) alleged to have been seized from the

possession of the applicant and period of his custody, I deem it to be a fit case to release the applicant on bail, therefore, without commenting on the

merits of the case, the application is allowed.

It is directed that applicant - Narendra Kashyap shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty

Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such

dates as may be fixed in this regard during the pendency of trial.

It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective without further reference to the

Bench.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.