Rahul vs State Of M.P

Vivek Rusia, J

This is first bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 305/2020, Police-Station- Jaora City, District-

Ratlam for commission of the offence under Section 8/18, 29 of N.D.P.S. Act.

As per prosecution case, on 09.12.2020, police apprehended the motorcycle bearing registration No.MP-43-DW- 4757 in which two persons were

found. The rider disclosed his name as Rahul i.e. present applicant and pillion rider disclosed his name as Dharmendra. Personal search was

conducted and from the possession of Dharmendra 750 gram opium was found. Accordingly, both were made accused in the present case. On their

memorandum co-accused Suresh has also been made accused, who was to receive this contraband. Suresh has been granted bail by this Court vide

order dated 16.06.2021 in M.Cr.C.No.27663/2021.

Learned counsel for the applicant submits that applicant has no criminal record. He was not aware that co-accused Dharmendra was carrying

contraband in his pocket. He is in jail since 09.12.2020. Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long

time. Hence, applicant be released on bail.

Learned panel lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant

is directed to be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousands Only) with one solvent

surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall

remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him 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.

Certified copy as per rules.