2021 (6) TMI 9 - HC - Indian Laws

Grant of Bail - Smuggling - contraband 20 grams of Narcotic drugs - HELD THAT - Taking note of the fact that the other co-accused persons namely Adnan Khan, Hannan Khan and Dheeraj have already been granted bail for 6 months by this Court in ADNAN KHAN, ABDUL HANNAN KHAN, DHEERAJ VERSUS THE STATE OF MADHYA PRADESH 2021 (5) TMI 673 - MADHYA PRADESH HIGH COURT , it is found that there are no reason to dismiss the present bail application and deny the ground of parity to the applicant, accordingly maintaining the parity, the application is allowed. This Court finds it expedient at present to allow the present bail application for a temporary period of six months. Accordingly, the application is allowed partially and the applicant ,is released on bail for a period of six months from the date of his release.

Summary

Issues: Bail application under Section 439 of Criminal Procedure Code for offences under NDPS Act.

Analysis:
1. Factual Background: The applicant was arrested in connection with a case registered under the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act) for offences punishable under Section 8, 22, and 29. The applicant had been in jail since 16.01.2021. The allegation against the applicant involved possession of 20 grams of MDMA and monetary transactions with other co-accused individuals.

2. Submissions by Applicant: The counsel for the applicant contended that the applicant was falsely implicated in the case and highlighted that other co-accused persons had already been granted bail by the Court in similar circumstances. The applicant expressed readiness to comply with all conditions imposed by the Court and sought bail on the grounds of parity with the co-accused.

3. Opposition by State: The counsel representing the respondent State opposed the bail application, but did not deny that other co-accused individuals had been granted bail under identical circumstances. The State's opposition to the bail application was not based on any distinguishing factors from the cases of the co-accused who were granted bail.

4. Court's Decision: After due consideration of the case diary and noting that the co-accused had already been granted bail, the Court found no reason to dismiss the bail application. Maintaining parity with the co-accused, the Court partially allowed the bail application for a temporary period of six months. The applicant was granted bail on the condition of furnishing a personal bond and a surety, with an undertaking to surrender before the trial court after the expiration of six months from the date of release. Failure to surrender would result in arrest and facing trial in accordance with the law.

5. Conclusion: The Court allowed the bail application partially, granting bail to the applicant for a period of six months. The decision was based on the principle of parity with the co-accused individuals who had already been granted bail in similar circumstances. The Court imposed specific conditions for the applicant's release on bail, emphasizing the requirement to surrender before the trial court after the specified period.