The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 20.01.2022 by Police Station Dehat Basoda, Distt. Vidisha (M.P.) in connection with Crime No.30/2022 registered for offence under Section 8/20 of NDPS act.

It is submitted by learned counsel for the applicant- Gajendra Singh that the applicant has not committed any offence. He has falsely been implicated in this case. applicant is in custody since 20.01.2022. as per prosecution story, 2 Kg. Ganja has been recovered from the joint possession of the applicant and co-accused. Now investigation is complete. Trial will take its own time. The applicant has no criminal history. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prayed for grant of bail to the applicant.

Learned State counsel has vehemently opposed the prayer and prayed to reject this application filed for grant of bail to the applicant. However, he fairly conceded that the applicant has no criminal history.

Heard learned counsel for the parties at length and perused the case diary. Considering the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/-(Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

7. The applicant shall mark his presence before the SHO of the concerned Police Station once in every month till conclusion of trial.

Application stands disposed of in above terms.

It is made clear that in case of breach of any of aforementioned conditions, this bail order will automatically stand canceled and whole amount of bail bond will be forfeited.

Let a copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.