(1.) This is first application filed under sec. 439 Cr.P.C. Applicant Rajesh Sahu was arrested on 8/2/2022 in Crime No. 578/2021 registered at Police Station Kotma, Distt. Anuppur (MP) for the offence punishable under Ss. 8, 20-B of the NDPS Act.
(2.) Looking to the facts and circumstances of the case and the contention of learned counsel for the applicant and the fact that there is no direct evidence on record to connect the applicant with the crime, police only on the basis of memorandum of co-accused, implicated the applicant in the crime, while memorandum of co-accused is not admissible in evidence against the applicant, the applicant is in custody since 8/2/2022, charge sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000.00 (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
(3.) This order will remain operative subject to compliance of the following conditions by the applicant :-