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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Rajeev Kumar Shrivastava, J.
Shaitan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.64567 of 2021
Decided On : 04-01-2022
Bail - Narcotic Drugs and Psychotropic Substances Act - The court granted bail to the applicant under Section 439 of CrPC, considering the arguments of the applicant's counsel and without commenting on the merits of the case. The applicant was directed to comply with various conditions, including cooperating in the investigation/trial and not committing any offence.
Fact of the Case:
The applicant was arrested for an offence under Section 8/20 of the N.D.P.S. act in connection with the recovery of ganja from his possession. The applicant sought bail, claiming the recovery allegation was false and expressing concern over the lengthy investigation and trial process.
Finding of the Court:
The court allowed the bail application, directing the applicant to furnish a personal bond and surety, and comply with specified conditions. The court did not comment on the merits of the case but considered the arguments of the applicant's counsel.
Issues: Bail application under Section 439 of CrPC for an offence under the N.D.P.S. act, concern over lengthy investigation and trial process, and the truthfulness of the recovery allegation.
Ratio Decidendi: The court granted bail to the applicant without commenting on the merits of the case, considering the concerns raised by the applicant's counsel and imposing specific conditions to ensure the applicant's compliance with the law.
Final Decision: The bail application was allowed, and the applicant was directed to comply with specified conditions, including cooperating in the investigation/trial and not committing any offence.
JUDGMENT
Rajeev Kumar Shrivastava, J. - This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 11/12/2021 in connection with Crime No.1055/2021 registered at Police Station Cantt. Guna, District Guna for offence under Section 8/20 of N.D.P.S. act.
It is submitted by learned counsel for applicant Shaitan Singh that the allegation of recovery of 2 kg and 720 gm of ganja from the possession of the applicant is false. He has not committed any offence. He is in jail since last almost one month. Investigation and thereafter trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel opposed the bail application and prayed to reject the same.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the applicant, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the dates given by the concerned 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/her;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3 . The applicant will not indulge herself/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 offence otherwise 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 concerning police station once in a fortnight (every 15 days) during the pendency of the trial.
application stands allowed and disposed of.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
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.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
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