Swapnil Wasnik vs State Of Madhya Pradesh

Vivek Agarwal, J

This is the first bail application filed by the applicant-Swapnil Wasnik, S/o Dilip Wasnik under Section 439 o f Cr.P.C for grant of regular bail in connection with Crime No.184/2023 registered at Police Station Kotwali Balaghat, District Balaghat for the offence under Sections 8/20, 29 of NDPS Act. Applicant is in custody since 30/04/2023.

As per the prosecution case, on 30/4/2023, 2.400 kg (2 kilo 400 gms) contraband (Ganja) was seized from the possession of the present applicant and one another person. After investigation, charge sheet has been filed.

Learned counsel for the applicant submits that applicant has not committed any offence. He is innocent. He has been falsely implicated. Nothing has been seized from his possession. It is also submitted that in similar circumstances, Coordinate Bench of this Court has enlarged the applicant on bail vide order dated 28th July, 2023 passed in M.Cr.C. No.10817/2023 and the case of the present applicant is at par to that case. Trial of the case will take considerable time. Therefore, it is prayed that on the ground of parity, present applicant may be released on bail.

On the other hand, learned Govt. Advocate opposes the bail application and it is submitted that there is criminal history of five cases against the applicant but none of them are under the NDPS Act.

Considering the fact that in similar circumstances, Coordinate Bench of this Court has enlarged the applicant on bail vide order dated 28th July, 2023 passed in M.Cr.C. No.10817/2023, therefore, on the ground of parity and also considering the fact that after investigation, charge sheet has been filed, trial will take considerable time for its conclusion, this Court is of the view that without commenting on merits of the case, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant is allowed.

It is directed applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.