ORDER

Case diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 439 Cr.P.C for grant of bail.

Applicant has been arrested on 11.04.2024 by Police Station Sarwai, District Chhatarpur (M.P.) in connection with Crime No. 17/2024 registered for offense under Section 8, 21 and 22 of NDPS Act.

The prosecution case in short is that two boxes of 240 bottles having label S-KUF - Codene Phosphate syrup, each bottle containing 100 ml, were seized in front of the house of the accused whereon an offense under Section 8, 21 and 22 of NDPS Act has been registered against the accused.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the matter. He is in custody since 11.04.2024.

It is further submitted that the alleged article has not been seized from exclusive possession of the applicant whereas the same has been seized near his house.

Relying on the orders in MCRC No.20558/2021 (Sonu @ Mohd.Rashid vs. The State of Madhya Pradesh), MCRC No.8814/2021 (Shubham Gupta vs. The State of Madhya Pradesh) and MCRC No.53989/2020 (Kuldeep Tripathi vs. The State of Madhya Pradesh), it is submitted by the counsel for the applicant that in the similar facts and circumstances applicants therein have been enlarged on bail. It is further submitted that the applicant is permanent resident of District Chhatarpur (M.P.) and there is no possibility of his abscission or tampering with the prosecution evidence. Trial will take time for its conclusion.

Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the respondent/State opposed the application and prayed for its rejection.

After going through the contents of the case diary and looking to the facts and circumstances of the case as also keeping in view the orders relied upon by learned counsel for the applicant, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac Only) with one surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance 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;

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

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. A copy of this order be sent to the trial Court concerned for information and compliance. Certified copy as per rules. (MILIND RAMESH PHADKE) V. JUDGE aks