Shrihari Leema vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

T he applicant was arrested on 01/06/2022 in connection with Crime No.280/2022 by Police Station- Jhansi Road, District- Gwalior (M.P.) for the offence punishable under Sections 8/20 of NDPS Act.

In brief case of the prosecution is that ASI- Rajkumar Sharma of Police Station- Jhansi Road received an information on 01/06/2022 and on that information police personnel reached the spot and found two persons i.e. one lady and one male, having three bags each, sitting at bus stand near video coach bus. Thereafter, they were searched and seized 16 Kg. 300 gms. Contraband article "Ganja" from the possession of the applicant and 11 kg. 500 gms. contraband article "Ganja" from the possession of the co-accused- Panchmi Kadarka. Thereafter, they were apprehended and 50-50 gms. samples were drawn and sent for chemical examination of which report is awaited. After doing proceedings on the spot, both the accused persons were brought at the Police Station- Jhansi Road, Gwalior. On the basis of aforesaid, crime has been registered against the accused persons. Afterwards, investigation was conducted by another investigator and charge sheet was filed.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. Now, investigation is complete and charge-sheet has been filed and conclusion of trial will take its own time. It is further submitted that 27kg. and 700 gms. contraband article has been seized from the joint possession of applicant and co-accused which is more than small quantity but less than commercial quantity. The applicant is in custody since 01/06/2022. He is ready to abide by all the terms and conditions as may be imposed by this Court. Co-accused Panchmi Kadarka has already been granted bail by this Court vide order dated 3.11.2022 passed in M.Cr.C. No.51106/2022. Under these circumstances, he prays for grant of bail to the applicant.

Learned Public Prosecutor for the State vehemently opposed the application and submitted that applicant is the permanent resident of Orrisa and if he is released on bail, there is every possibility of his absconsion which may result in no cooperation in the investigation, therefore, prayer for rejection of this application is made.

Heard learned counsel for the parties and perused the case-diary.

Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 01/06/2022 and conclusion of trial will take some time, co-accused has already been granted bail, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

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