The admissibility of evidence and the requirement of direct evidence to establish connection with the crime are crucial in bail applications.

JUDGMENT

Rajeev Kumar Dubey, J. - This is first application filed under section 439 Cr.P.C. applicant Rajesh Sahu was arrested on 8/2/2022 in Crime No. 578/2021 registered at Police Station Kotma, Distt. anuppur (MP) for the offence punishable under Sections 8, 20-B of the NDPS act.

as per prosecution case, on 13/12/2021 on the information of informant, police stopped the motorcycle bearing registration No.MP-65ME3091, which was being driven by co-accused Neeraj Sahu seized 5.125 kg. ganja from his possession, which was illegally being carried by the co-accused on that bike. On interrogation, co-accused Neeraj informed the police that the said ganja was given to him by the applicant. On that, police arrested the applicant on 8/2/2022.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused, implicated the applicant in the crime while memorandum of the co- accused is not admissible in evidence. The applicant has been in custody since Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that there is no direct evidence on record to connect the applicant with the crime, police only on the basis of memorandum of co-accused, implicated the applicant in the crime, while memorandum of co-accused is not admissible in evidence against the applicant, the applicant is in custody since 8/2/2022, charge sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial 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.

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

4.The applicant shall not commit an offence similar to the offence of which he is accused;

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

6.The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.