IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 22^nd OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 54521 of 2022 BETWEEN:-

DHIRAJ NAYAK S/O SURESH NAYAK, AGED ABOUT 20 YEARS, OCCUPATION: SELF EMPLOYEE, R/O RAILWAY COLONY POLICE STATION NARMADAPURAM, DISTRICT NARMADAPURAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI PRASHANT SHRIVAS - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION BARGI, DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI D.K. PAROHA - GOVT. ADVOCATE)

This application has come up for admission on this day, the court passed the following:

ORDER

This is first bail application under Section 439 of the Cr.P.C. for grant of bail to the applicant.

The applicant has been arrested on 28.09.2022 in connection with Crime No.490/2022 registered at Police Station-Bargi, District-Jabalpur (M.P.), for offence punishable under Section 8/20 of N.D.P.S. Act.

Learned counsel for the applicant submitted that applicant is innocent and falsely been implicated in the case. It is submitted that as per memorandum of co-accused person, applicant was following offending vehicle in another car.

Signature Not Verified Signed by: SUNIL KUMAR Co-accused Karan Sahu, was also with him in said car, has already been released on bail. Case of applicant is on parity with other co-accused person. No seizure has been made from applicant. He was not found on the spot. In these circumstances, applicant may be enlarged on bail.

Learned Government Advocate appearing for State opposed the application for grant of bail and submitted that applicant along with co-accused person was keeping an eye on the offending vehicle when Ganja was being transported in another vehicle. In these circumstances, he may not be released on bail.

Heard the counsel for the parties.

Case of applicant is on parity with co-accused namely Karan Sahu, who has already been released on bail.

Considering the aforesaid facts and circumstances of the case, bail application filed by the applicant is allowed It is directed that applicant be released on bail on his furnishing personal bond in sum of of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

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 Signature Not Verified Signed by: SUNIL KUMAR dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT)

JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR