Madhya Pradesh High Court
Ghanshyam Ojha vs The State Of Madhya Pradesh Thr. on 1 September, 2015
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Ghanshyam Ojha Vs. State of M.P.
M.Cr.C. No.6912/2015
01.09.2015
Shri Lokendra Shrivastava Advocate for the applicant.
Shri Mohd. Qureshi Panel Lawyer for Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Janakganj District Gwalior in connection with Crime No.752/2014 registered in relation to the offences punishable u/S. 8/20 of NDPS Act.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
The applicant is in custody since 6.9.2014. This repeat bail application has been filed after rejection of the earlier one which was dismissed as withdrawn without being considered on merits in shape of M.Cr.C. No. 198/2015. The allegation against the applicant is that 40 Kgs of Ganja was recovered from the possession of the applicant. FSL report opined the recovered item to be Ganja. However during trial seizure witness PW-1 and PW-2 Rashid and Sabir, respectively have not 2 Ghanshyam Ojha Vs. State of M.P. M.Cr.C. No.6912/2015 supported the story of prosecution and therefore no useful purpose shall be served to continue the incarceration of the applicant who have no criminal antecedents. The trial is not likely to conclude in the near future and that prolonged pre- trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the applicant fleeing from justice.
In view of the above, this Court is inclined to extend the benefit of bail to the applicant, but with certain stringent conditions in view of pending trial.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.100,000/- (Rs. One Lac only) with two solvent sureties of the same amount to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted 3 Ghanshyam Ojha Vs. State of M.P. M.Cr.C. No.6912/2015 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his attendance before the trial court once every week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge ar