The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.

JUDGMENT

G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 30.10.2021 in connection with Crime No.798/2021 registered at Police Station Kotwali Guna, District Guna for offence under Sections 8/20, 29 of NDPS act.

It is submitted by the counsel for the applicant that according to the prosecution case, 21 Kgs. of Ganja was seized from the truck of the applicant. It is submitted that in fact, three persons had taken lift from the applicant and they were carrying 21 Kgs. of Ganja. The applicant is not involved in commission of offence. However, in view of the allegations that those three persons had already informed the applicant about the fact that they are carrying Ganja and in view that that he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. Further, in the wake of ongoing Covid-19 pandemic he is ready and willing to contribute in monetary form for fighting against Covid-19 pandemic. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail in case he deposits an amount of Rs.15,000/- in the Registry of this Court, which shall be utilized for upgrading the Civil Dispensary functioning within the Court premises, and on furnishing cash surety of Rs.2,00,000 (Rs. Two Lacs) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh vs. The State of M.P. by order dated 6.9.2021 passed in SLP (Cri.) No.6321/2021 to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court. In case, if title deeds are deposited, then the same shall not be returned unless and until surety amount is deposited.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18.3.2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.