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Judgment
They are heard. Perused the case diary.
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.257/2019 registered at Police Station Boda, District Rajgarh (MP) for offence punishable under Section 8 read with Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
The applicant is in custody since 21.08.2019.
As per prosecution story, on the basis of secret information, 1.400 kilograms of cannabis (ganja) was recovered from the possession of present applicant. Hence, the present case has been registered against him.
Learned counsel for the applicant has submitted that the applicant has not committed any offence and he has falsely been implicated in the present crime. Non commercial quantity (1.400 kilograms) of contraband article cannabis (xkatk) alleged to have been recovered from the possession of the applicant. The applicant is not having any past criminal antecedents. The investigation is over and charge sheet has already been filed. The conclusion of the trial will take sufficiently long time. There is no possibility of his absconsion or tampering with the evidence, if enlarged on bail. Under these changed circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, coupled with material available in the case diary, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his / her furnishing a personal bond in the sum of Rs.75,000/- (Rupees seventy five thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his / her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is further directed that during the trial, the applicant shall mark his presence before the concerned police station one in a month.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.