Shivraj Meena vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 09.07.2023 in connection with Crime No.581/2023 registered at Police Station Cantt. Guna, District Guna (M.P.) for commission of offence punishable under Section 8/20 of NDPS Act.

3 . Prosecution case, in brief, is that on 09.07.2023 the applicant was found having 3 Kg. of cannabis (Ganja) for the purposes of sale without having any license.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the matter when he was going on a pilgrimage to Kedarnath as it was the month of Sawan. He further submits that nothing has been seized from the possession of the applicant. The contraband said to be seized from the possession of the applicant is non-commercial quantity. The applicant is in custody since 09.07.2023. His custodial interrogation is no more required. He has no criminal past record. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application, but fairly conceded that the applicant has no criminal antecedents.

Heard the learned counsel for the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, place of seizure, quantity of contraband said to be seized from the possession of the applicant which is non-commercial quantity, so also other facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

1. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.