The court emphasized the importance of personal liberty and appropriate conditions for bail, balancing it against the gravity of the alleged offense.

1. This first application has been filed by the applicant under Section 483 of BNSS , 2023 for grant of bail in connection with Crime No.72/2025, registered at Police Station - Chimanganj, District- Ujjain (M.P.) for offence punishable under Section s 8 ,20 of NDPS Act . Applicant is in judicial custody since

24/01/2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence. The narcotic contraband Ganja was not seized from the active and conscious possession of the applicant. The due procedure for search and seizure was not complied with. Co-accused Rahul has been extended the benefit of bail by this Court vide order dated 19/06/2025 passed in MCRC no.

Signature Not Verified Signed by: AMOL

19051/2025. The Final Report has been submitted after completion of investigation. There is no likelihood of tampering with evidence by the applicant. Jail incarceration of the applicant is causing hardship to the applicant and the dependent family members. Applicant is ready to cooperate in trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel further refers to two criminal antecedents against the applicant as mentioned in the case diary.

6. In reply, learned counsel for the applicant submits that the applicant stands acquitted for the offence punishable under sections 365, 377, 506 and 34 of IPC registered at Crime no. 849/2017 and in other matter registered at Crime no. 498/2024 for the offence punishable under sections 8 /20 of the NDPS Act is pending for trial, in which he has been extended the benefit of bail.

7. According to the material available on case diary, the police force of PS - Chimanganj conducted a raid. Applicant Shankar was found in possession of narcotic contraband ganja, total quantity 2.40 kg and co-accused Rahul was found in possession of narcotic contraband ganja, total quantity 1.970 kg. The applicant could not produce any permit or licence, therefore, the narcotic contraband was seized from the possession of applicant and the co-accused. Co-accused Rahul has already been extended the benefit of bail. The veracity of prosecution and due compliance with procedure will be determined after evidence in the trial.

8. As informed, the applicant is aged around 19 years and is a labourer by profession. He is still dependent on family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past and previous conviction Signature Not Verified Signed by: AMOL for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

9. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

10. Accordingly, it is directed that applicant- Snankar shall be released on bail in connection with the Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions :(For