The court applied the principle of promoting community service and environmental protection as a means to reform the accused and address the root cause of the offense, as echoed in the order of Sunita Gandharva Vs. State of M.P.

ORDER

At the outset, learned counsel for the applicants seeks withdrawal of this application so far as applicant No.1 Arzoo is concerned. He intends to press this application only in respect of applicant No.2 – Ballu (referrd as Babloo in arrest memo).

Prayer noted.

Application stands dismissed as withdrawn so far as applicant No.1 Arzoo is concerned.

Heard finally in respect of applicant No.2- Ballu. The applicant No.2- Ballu has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 31.03.2024 by Police Station- Govindpura, District- Bhopal, in connection with Crime No.257/2024, for the offence punishable under Sections 8/20 of NDPS Act.

2. It is submitted by the learned counsel for the applicant that the applicant No.2- Ballu is suffering confinement since 31.03.2024 and charge- sheet is likely to be filed. As per allegation, he was found in possession of 1 Kg and 578 Gms of Ganja. The quantity is intermediary and just to make it intermediary this quantity has been prescribed. The applicant No.2 is a first time offender and does not bear any criminal record. He intends to mend his ways to be a better citizen by not involving in criminal activities. He further undertakes to perform community service to purge his misdeeds if any and to save National/Environmental/Social Cause. Under these grounds, counsel prayed for bail.

3. Learned Government Advocate for the State opposed the prayer and prayed for dismissal of this application.

4. Heard learned counsel for the parties at length and perused the case diary.

5. Considering the facts and circumstances of the case and keeping in view the spirit of community service echoed in the order of Sunita Gandharva Vs. State of M.P. reported in 2020(3) MPLJ (Cri.) 247, the application is allowed with certain stringent conditions. It is directed that the applicant No.2 Ballu ( referred as Babloo in arrest memo) be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

6. This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) The applicant will cooperate in the investigation/trial, as the case may be;

(iii) 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) The applicant shall not commit an offence similar to the offence of which he is accused;

(v) The applicant will not seek unnecessary adjournments during the trial;

(vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

(vii) It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

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