Ram Prakash Ahirwar vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.262/2022 registered at Police Station-Tala, District-Satna (MP) for the offence under Sections 20(b) of the NDPS Act and Sections 420, 120-B of the IPC.

Learned counsel appearing for the applicant submitted that applicant is in jail since 01.07.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that co-accused namely Ankur @ Umashankar has been released on bail. Case of present applicant is similar to that of co-accused person. Applicant was also said to be driver of the vehicle. Car was found in an abandoned state Ganja in it. Applicant was not found in conscious possession of Ganja. In these circumstances, he prayed that applicant may be released on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that quantity of ganja which has been found in vehicle is huge and commercial in quantity, therefore, application deserves to be dismissed.

Heard the counsel for the parties.

5 . Applicant is in jail since 01.07.2023. Co-accused Ankur @ Umashankar has been released on bail and applicant is said to be driver of the vehicle. Owner of the vehicle is Dhirendra Kumar Ahirwar whose application for grant of bail has already been dismissed as withdrawn.

Considering aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application stands allowed. It is directed that the applicant shall be released on bail on furnishing personal bond o f Rs.1,00,000/- (Rs. One Lakh Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.