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Judgment
The applicant has filed this first application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested on 31/08/2019 by Police Station Ganjbasouda, District Vidisha (M.P.), in connection with Crime No.557/2019 registered in relation to the offence punishable u/S.8/21 of NDPS Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed the offence in any manner. It is further submitted that only 30grm. Brown sugar has been seized from the possession of the present applicant. The applicant is in custody since 31/08/2019. The investigation in the matter is over by filing of charge-sheet on 21.10.2019. It is submitted by the counsel for the applicant that the applicant is ready and willing to abide by all the terms and conditions as may be imposed by this Court, therefore, he prayed for grant of bail.
Learned Public Prosecutor for the respondent/State has opposed the prayer and has contended that the applicant has been found in possession of the contraband articles and prayed for dismissal of the application. He further submits that the applicant is habitual offender.
He admits that investigation in the matter is over and charge-sheet has been filed on 21.10.2019, but he has prayed for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary it is seen that the applicant is in custody since 31/08/2019 and 30grm. brown sugar has been seized from the possession of the present applicant which is below the commercial quantity as prescribed in schedule under the NDPS Act, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant will cooperate in the investigation/trial, as the case may be;
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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit an offence similar to the offence of which he is accused; The applicant shall not commit any other offence, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
The applicant will not seek unnecessary adjournments during the trial;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
In event of failure to comply with any of the terms and conditions, the State Authorities will be at liberty to move for cancellation of bail.
A copy of this order be sent to the Court concerned for compliance.