The court may grant bail under Section 439 of Cr.P.C. considering the custody period and the status of co-accused, without adverting to the merits of the case.

JUDGMENT

Nandita Dubey, J. - This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.

2. The applicant is in custody since 21.10.2022 in connection with Crime No.449/2022 registered at P.S. Chachai, District Anuppur for the offence punishable under Sections 8/20B of NDPS Act.

3. As per the prosecution,66.950 kg. Ganja was seized from a stationary vehicle by the police. It is stated that the driver ran away from the spot. During investigation, on the basis of registration of the vehicle, the present applicant was arrested. He was found to be the registered owner of that vehicle.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated only on the basis that the vehicle was registered in his name. It is stated that the co-accused who is also the relative of applicant has taken the vehicle from him for purchasing the vegetables as their own vehicle has broken down. It is stated that the said vehicle is still parked outside the house of the present applicant since 13.10.2022. It is further stated that the applicant has no past criminal antecedent. He is under custody since 21.10.2022 and the trial would take considerable time to conclude. It is also pointed out that co-accused Dholaram @ Prakash has already been enlarged on bail by this Court in M.Cr.C.No.58698/2022 by order dated 3rd of February, 2023.

5. Learned PL has opposed the bail application. However,the facts have been verified by the learned PL appearing for the State. As per the report, the pick up vehicle was standing outside the house of the present applicant since 13.10.2022 which substantiate the story of the present applicant.

6. Considering the custody period and the fact that co-accused has already been enlarged on bail,without adverting to the merits of the case, this application is allowed.

7. It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties in the like amount to the satisfaction of the trial Court/committal Court for his appearance on all the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

8. The applicant shall mark his presence on 1st of every month before the Police Station-Chachai, District-Anuppur. In case if the applicant misses out a single appearance, this bail order will stand cancelled automatically.

9. It is further made clear that in case if the applicant is found involved in any other offence during the pendency of the trial, then too this bail order will stand cancelled automatically and the concerned Court will be at liberty to take him into custody.

10. Any attempt made by the applicant to influence or threaten the witnesses, directly or indirectly, shall also entail cancellation of this bail order.

11. Let a copy of this order be also supplied to learned Panel Lawyer appearing for the State for information and compliance.

12. Certified copy as per rules.