Aasif vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the second application for temporary bail filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.74/2016 registered at Police Station CITY KOTWALI DISTRICT MANDSAUR for offence punishable under Sections 8/21/25/29 of NDPS. The applicant is in custody since 23/01/2024

His earlier bail application was dismissed by this Court vide order dated 9.2.2024 passed in MCRC.No.5572/2024 taking note of the fact that the applicant was absconding since 7-8 years, and also the fact that two other cases have also been registered against him.

Counsel for the applicant has submitted that in the aforesaid two cases the applicant has already been acquitted and presently his wife is suffering from gynae problem which fact has already been verified by the respondent/State. It is further submitted that the applicant is lodged in jail since 23/01/2024 and final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent State, on the other hand has opposed the prayer. However, it is submitted that the aforesaid documents have been verified.

Having considered the rival submissions and on perusal of the case diary, and the fact that his wife is suffering from gynae problem which fact has already been verified by the respondent/State, and that he is in jail since 23/01/2024, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed as aforesaid.

Accordingly, without commenting on merits of the case, the application for temporary bail is allowed. It is directed that applicant shall be released on temporary bail for a period of one month only from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with two solvent surety of the like amount to the satisfaction of the concerned trial Court. The applicant shall surrender before the Trial Court immediately on or before the expiry of aforesaid period, failing which, the Police Authority will be at liberty to arrest the applicant without further reference to this Court.

Certified copy as per rules.