Bail may be granted under Section 439 of the Cr.P.C. if the accused is not a flight risk and the quantity of narcotics does not meet the commercial threshold.

This is first application filed by the applicant under Section 439 of the Cr.P.C . for grant of bail relating to Crime No.276/24 registered at Police Station City Kotwali, District Morena (M.P.) for the offence punishable under Section 8/21 of NDPS Act.

2. Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. The quantity of smack allegedly seized from the possession of the applicant does not come within the purview of the commercial quantity. After conclusion of investigation, charge-sheet has already been filed. Applicant is already acquitted in earlier case relating to under Section 8/21NDPS Act in Special Case No.1/2020 on 18.03.2024. Applicant is under custody since 22.04.2024. The applicant is permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant on the ground of parity.

3. Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its dismissal.

4. Heard learned counsel for the rival parties and perused the case diary available on record.

5. Considering the facts and circumstances of the case, but 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 a solvent surety in the like amount to the satisfaction of the 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not repeat the same offence in future. In case, if he is found involving in offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

v) The applicant will not seek unnecessary adjournments during the trial; and vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

8. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

9. Certified copy as per rules