Adil S/O Vahid Shah vs Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary /challan papers. This is the first application under Section 439 of Criminal

Procedure Code, 1973,as he is implicated in connection with Crime No.120/2021 registered at Police Station-Chhapiheda, District Rajgarh (MP) for offence punishable u/S.8/21 of N.D.P.S. Act.

The applicant is in custody since 27.05.2021. The allegation against the applicant is that he along with other co-accused was found in possession of 170 gms. smack. Counsel has submitted that the applicant along with other co-accused was found in possession of 170 gms. smack, which is less than the commercial quantity of 250 gms. Counsel has further submitted that from the possession of the present applicant only 50 gms. smack has been recovered. There is no minimum sentence provided. He is in jail since 27.05.2021.Investigation is complete. Charge-sheet has been filed and the final conclusion of trial is likely to take sufficient long time. Counsel has further submitted that under identical circumstances, co-accused Danish has already been granted bail by this Court vide its order dated 13.8.2021 passed in M.Cr.C.No.40059/2021.

Counsel for the respondent/State has opposed the prayer.

On due consideration of submissions and on perusal of the case- diary, taking note of the fact that the applicant is in jail since 27.05.2021 and the final conclusion of the trial is likely to take sufficient long time so also maintaining the parity this Court finds it expedient to allow the present bail application. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Cr.P.C.

The trial court is also directed to verify the criminal antecedents of the applicant and if it is found any other case has been registered against the applicant under N.D.P.S.Act then this bail order shall cancelled without further reference to this Court.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.