Ramkhelawan Singh vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

This is first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.128/2023 dated 15.04.2023 registered at Police Station-Khairaha, District-Shahdol (M.P.) for commission of offence punishable under Section 8,20-A of the NDPS Act. Applicant is in detention since 15.04.2023.

As per the prosecution story, on 15.04.2023 from the backyard of the applicant's house, six plaints of cannabis (ganja) having total weight 152 grams were seized. After investigation charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant is in jail since 15.04.2023. He has not committed any offence. He is innocent. He has been falsely implicated. He had no knowledge about growing of six plaints of cannabis in the backyard of his house. Plants were newly grown and he was not able to identify such plaints. Even otherwise plants were seized from the open place. The trial of the case will take considerable time. Applicant has no criminal background. Therefore, it is prayed that the applicant may be released on bail pending the trial.

4 . O n the other hand, learned counsel for the State has opposed the grant of bail to the applicant but has fairly admitted that applicant has no criminal background.

5 . Looking to the facts and circumstances of the including the fact that applicant has no criminal background and the fact that trial of the case will take considerable time, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6 . It is directed that applicant - Ramkhelawan Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7 . This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.