SULTAN BHEEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No. 524 of 2023 registered at Police Station - Radhogarh, District Guna (M.P.) for the offence under Ss. 8/20 of NDPS Act. First application was dismissed as withdrawn vide order dtd. 3/1/2024 passed in MCRC No.49837/2023. Allegation against the present applicant is that green ganja plants have been seized from the field of present applicant for which he was not having any license.

(2.) Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the field from where ganja plants were seized does not belong to present applicant/accused. As per prosecution story, ganja plants alongwith stems, mud, leaves were seized during investigation which does not come within the purview of ganja as per Sec. 2(A) of NDPS Act. Further submission is that after dismissal of first bail application, independent witnesses of panchnamas have been examined, however, (PW-1) Raj Kumar Choukse and (PW-2) Shailendra Shivhare have not supported the case of prosecution in respect to proceedings allegedly done as per Exh.P/1 to P/17 and turned hostile, in these circumstances, entire prosecution story becomes doubtful. Further argument is that the applicant is in 14/10/2023 and his custodial interrogation is no more required. The applicant is permanent resident of District Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the appellant Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record.

(3.) Considering the facts and circumstances of the case, but 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.1,00,000.00 (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.