IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4137 of 2024 BETWEEN:-

SUMESH KUMAR VAISHYA @ GUDDU S/O SHRI RADHERAM VAISHYA, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE SIDDHI KALA CHOWKI SASN POLICE STATION WAIDHAN DISTRICT SINGRAULI (MADHYA PRADESH)

.....APPLICANT (BY SHRI VIVEK SHUKLA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION WAIDHAN DISTRICT SINGRAULI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI G.S. THAKUR - GOVERNMENT ADVOCATE)

This application coming on for admission this day, the court passed the following:

ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No.1403/2023 registered at Police Station-Waidhan, District-Singrauli (M.P.) for the offence under Sections 8/20(b), 29 of the NDPS.

2. Learned counsel appearing for the applicant submitted that applicant is in jail since 23.09.2023. Applicant is innocent and has falsely been implicated in the case. It is submitted that 4 kg Ganja is said to have been seized from applicant. Investigation is complete and charge sheet has been filed. Applicant is HIV positive. Considering the illness of applicant, he may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant is having criminal antecedent and 15 kg Ganja has been seized from three persons and 4 kg Ganja has been seized from present applicant. He was caught on spot inside the Car. FSL report is also positive. In these circumstances, applicant may not be released on bail.

4. Heard the counsel for the parties.

5. 4 kg Ganja has been seized from the applicant. Quantity of Ganja is above small quantity but below commercial quantity. Applicant is HIV positive.

6 . Considering aforesaid facts of the case and also the illness of applicant, without commenting on the merits of the case, bail application filed by applicant is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section

437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

8. C.C. as per rules.

(VISHAL DHAGAT)

JUDGE $A