Order on Board

27.09.2022

1. This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 183/2022 registered at Police Station: Gaurela, District: Gaurela-Pendra-Marwahi (C.G.)

for the offence punishable under Section 20 (B) of NDPS Act.

2. Case of the prosecution in short is that on 26.05.2022, on receiving a secret information from an informant, the police officials of Police Station: Gaurela, District: Gaurela-Pendra- Marwahi (C.G.) have seized total 21 kg of contraband Ganja from the possession of the present applicant. On the basis of said, offence was registered. The applicant was arrested on

26.05.2022.

3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. He submits that there were total four accused persons in this case and from one of the co-accused, the ganja has been sezied. He further submits that one of the co-accused person has been already enlarged on bail vide order dated 10.08.2022 of this Court passed in MCRC No. 5086 of 2022. He further submits that there is no direct allegation against the present applicant, he is in jail since 26.05.2022, trial is likely to take some more time, charge-sheet has been filed and there are no previous criminal antecendents against the present applicant, therefore, the applicant may be released on bail.

4. On the other hand learned counsel for the State opposes the arguments advanced by counsel for the applicant. He admitted the fact that the the said Ganja was seized from the possession of the co-accused as it was earlier observed vide order dated 10.08.2022 passed in MCRC No. 5086 of 2022.

5. I have heard learned counsel for the parties and perused case diary.

6. Considering the facts and circumstances of the case, looking to the fact that there is no direct allegation against the present applicant and his name has been surfaced only on the basis of memorandum sattement of the co-accused and further considering that the other co-accused person has been released on bail, the pre-trial detention of the applicant and also that the applicant has no previous criminal antecedents. I am inclined to grant bail to the applicant.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when directed. The applicant shall comply the following conditions:

(i) that the applicant shall not, directly or indirectly, make any 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 any police officer;

(ii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; (iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial;

(iv) that applicant will not involve himself in any offence of similar nature.

9. It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being influenced by any observation made here-in-above. If any one of the above conditions is violated by applicant, the State will be at liberty to file application for cancellation of the bail granted to him.