Sultan Bheel vs State Of Madhya Pradesh

Sunita Yadav, J

This is second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 524 of 2023 registered at Police Station - Radhogarh, District Guna (M.P.) for the offence under Sections 8/20 of NDPS Act. First application was dismissed as withdrawn vide order dated 03.01.2024 passed in MCRC No.49837/2023.

Allegation against the present applicant is that green ganja plants have been seized from the field of present applicant for which he was not having any license.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the field from where ganja plants were seized does not belong to present applicant/accused. As per prosecution story, ganja plants alongwith stems, mud, leaves were seized during investigation which does not come within the purview of ganja as per Section 2(A) of NDPS Act. Further submission is that after dismissal of first bail application, independent witnesses of panchnamas have been examined, however, (PW-1) Raj Kumar Choukse and (PW-2) Shailendra Shivhare have not supported the case of prosecution in respect to proceedings allegedly done as per Exh.P/1 to P/17 and turned hostile, in these circumstances, entire prosecution story becomes doubtful. Further argument is that the applicant is in 14.10.2023 and his custodial interrogation is no more required. The applicant is permanent resident of District Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the appellant

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.