Rakesh vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 13.10.2022 in connection with Crime No. 1147/2022 registered at P.S. - Manawar District Dhar (M.P.) for commission of offence punishable under Section 8/20 of NDPS Act.

As per the prosecution story, on 14.10.2022 police received discrete information from the informant regarding the illegal transportation of contraband. Acting upon said information, police party reached on the spot and intercepted the present applicant. During the search 2 kg Ganja has been recovered from his possession. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 13.10.2022. There is no legal evidence available on record to connect the applicant with the aforesaid crime. Investigation is almost over, therefore, no further custodial interrogation of the applicant is required. The seized quantity of contraband is below than the commercial quantity. Applicant is a permanent resident of district Dhar. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection but he fairly admits that no criminal antecedent has been found against the 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 seized quantity of contraband is below than the commercial quantity, therefore no bar under Section 37 of NDPS Act is attracted in the instant matter, investigation is almost over and there is no criminal background but final conclusion of trial will take considerable long time, in view of the above, without commenting on the merits of the case,I deem it proper to release the applicant on bail.

Accordingly, 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/- (One Lakh Fifty Thousand Rupees 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.