Omprakash @ Om @ Omiya vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.422/2023 registered at Police Station Jawad, District Neemuch (M.P.) for the offence under Sections 8/18, 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 27.11.2023.

As per the prosecution story, on 19/09/2023 police got a discreet information from the informant regarding the illegal transportation of the contraband. Acting upon the said information, police party reached on the spot and intercepted the accused and upon asking he disclosed his name as Ghanshyam (co-accused) and recovered 02.100 Kilogram opium from his possession, without having any valid licence. On the basis of memorandum under Section 27 of the Evidence Act given by the co-accused, present applicant has been implicated in this offence. Accordingly, a case has been registered against the present applicant and co-accused.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in custody since 27.11.2023. Investigation is almost over. The seized quantity of contraband from the co-accused is below than the commercial quantity and nothing has been recovered from the possession of present applicant. Applicant is not having any criminal antecedent. Co-accused Ghanshyam has been enlarged on bail by this Court vide order dated 17.10.2023 passed in MCRC No.46631/2023. Applicant is the permanent resident of Neemuch district and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.

Perused the case diary as well as the impugned order of the Court below.

Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 27.11.2023; applicant has no criminal background; seized quantity of contraband from the co-accused is below than the commercial quantity therefore, there is no specific bar under Section 37 of the NDPS Act; present applicant has been implicated on the basis of memorandum statement given by the co-accused Ghanshyam, but nothing has been recovered from the possession of present applicant; co-accused Ghanshyam has already been enlarged on bail by this Court; investigation is almost over, therefore, no further custodial interrogation of the applicant is required and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail.

Accordingly, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.