Ramashankar Soni @ Chote Soni vs State Of Madhya Pradesh

J. P. Gupta, J

Heard.

This is the first bail application filed by the applicant-accused under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 29.08.2020 in connection with Crime No.750/2020, registered at Police Station Waidhan, District Singrauli for the offences under Sections 8, 20-B, 29 of the NDPS Act.

As per prosecution story, co-accused Satendra Soni was found in illegal possession of 1.160 kgs of cannabis and he stated that he purchased the aforesaid contraband from the present applicant and this fact was admitted by the applicant on interrogation done by the investigation agency.

It is submitted that the applicant is innocent. He is in custody since 29.8.2020. Charge sheet has been filed. Trial will take time for conclusion. It is further submitted that the applicant has been arrested mainly on the basis of confessional statement given to the police and on the basis of memorandum of co-accused, whereas the same is not admissible in evidence. There is no likelihood of his absconding or tampering with the prosecution evidence. His further custody is not warranted. Hence, he be released on bail.

Learned Panel Lawyer has opposed the bail application and submitted that the applicant has criminal antecedents hence, the application be rejected.

Having considered the contention of learned counsel for both the parties and perused the record, though, the applicant has criminal antecedents but looking to the facts and circumstances of the present case, further custody of the applicant is not required, therefore, this application is allowed and it is ordered that the applicant-accused Ramshankar Soni @ Chote Soni be released on bail on his furnishing a personal bond for the sum of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

C.C. as per rules.