Rajesh vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No.145/2023 registered at P.S -Leemachouhan, District-Rajgarh (M.P.) for the offence under sections 8/21 of NDPS Act.

2/ As per prosecution story, on 25/07/23, police had received a secret information that some persons are carrying smack and is going to sell it. On this information, police party reached at Village- Bhuka. At the relevant time, after seeing the police party, two persons coming on motorcycle, tried to flew away from the spot. They were apprehended and upon asking, they identified themselves as Bhagwan Singh and Rajesh. Upon search, 10.38 gram (Smack/Heroine) and 20 Gram is found from possession of Bhagwan and Rajesh respectively.The accused were formally arrested’ On this basis, a case u/s 8/21 of N.D.P.S. Act is registered against the present applicant and co-accused persons.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 15/04/2022. The seized quantity of contraband is below than the commercial quantity. He is not having any criminal past. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. He is permanent resident of District- Neemuch. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.

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

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the seized quantity of contraband is below than the commercial quantity, therefore, no bar under section 37 of the NDPS Act is attracted in the instant case; the applicant is not having any criminal past; he is in custody since 15/04/2022; investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required and final conclusion of trial shall take sufficient long time, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 1,50,000/- (Rs. 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.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Certified copy, as per Rules.