Roshni Parteti vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Ganjbasoda, District Vidisha in connection with Crime No.555/2019 registered in relation to the offence punishable under sections 8 read with 20 (II) (Kh) of the NDPS Act.

Allegations against the applicant, in short, are that she was found in illegal possession of 2 Kg of Ganja.

Learned counsel for the applicant submits that the applicant has been falsely implicated. She is in custody since 31/08/19. The quantity of contraband shown to be seized is lesser than the commercial quantity. The applicant is a permanent resident of Vidisha and there is no possibility of her absconsion, if released on bail.

Learned Public Prosecutor opposed the application and prayed for its rejection contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant though on comparatively stringent conditions.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Roshani Parteti be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court for her appearance on the dates given by the concerned 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 her;

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/her 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 she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

This order shall remain effective during trial, but in case of bail jump or involvement in same kind of offence while on bail, the same shall stand cancelled automatically.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.