An accused is entitled to bail if he can show that he was not present at the time of the alleged offence.

ORDER

This is second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.176/2022 dated 24.09.2022 registered at Police Station Atraila, district Rewa, for the offences punishable under Sections 8, 21 and 22 of the NDPS Act and Section 5/13 of the M. P. Drugs (Control) Act.

2. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. He is in custody since 26.03.2023 and trial will take considerable time to conclude. He also submits that applicant is a permanent resident of district Rewa and there is no likelihood of his absconding or tampering with prosecution evidence. The applicant is ready to furnish adequate surety and shall abide by the conditions to be imposed by the Court. On these grounds, the applicant may be released on bail. 3. Learned counsel for the State has opposed the bail application. 4. Heard learned counsel for the parties and perused the case diary.

5. This second bail application has been argued on the ground that the applicant was not present at the time of search of vehicle and seizure of contraband, he is implicated in the case merely on the basis of statements of vehicle owner. The earlier bail application under M.Cr.C. No.23521/2023 was dismissed for the reason that the mobile tower location of the applicant was of the same village at the time of incident but it has been argued by the learned counsel for the applicant that on examination of CDR, he could not trace any entry in that regard which would match the time of incident. Even the counsel for the State could not highlight any such entry of relevant time of incident. The last entry available in case diary of 23.09.2022 relates to wee hours at 04.27 am while the incident occurred in the night of 23.09.2022 between 08.00 pm to 11.55 pm.

6. Taking this new arguments into consideration which was not appreciated earlier, this repeat bail application is allowed.

7. It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

8. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 9. Accordingly, this M.Cr.C. stands allowed and disposed of