Madhya Pradesh High Court
Brijendra Kumar Kushwaha vs The State Of Madhya Pradesh on 6 May, 2016
MCRC-6393-2016
(BRIJENDRA KUMAR KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
06-05-2016
Shri Manish Datt, learned Sr. Adv assisted by Shri Rahul
Sharma, learned counsel for the applicant. Shri Prakash
Gupta, learned Panel Lawyer for the respondent/ State.
Heard.
Perused the case diary.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 48/2016, registered at P.S.- Bargawan, Singrauli for the offence punishable under Sections 8 /20 -B of the N.D. P.S. Act.
The allegation against the applicant is that the applicant alongwith another person was riding on a motor bike. When the vehicle was intercepted from the possession of the both persons 15 kg Ganja (canniban) was seized. The present applicant had no licence to carry the Ganja (Canniban).
The charge sheet has been filed. There is no previous criminal history.
Learned senior counsel has contended that the quantity of Ganja (Canniban) is below the commercial quantity and the trial of the offence will take time.
The prayer for bail is opposed by learned Panel Lawyer. Looking to the aforesaid facts and nature of the case, without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial court, the applicant, Brijendra Kumar Kushwaha be released on bail with a direction to appear before the trial court on the date of the trial.
The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE bks