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Ajay vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 26 June 2023 · Citation: (2023) 06 MP CK 0092

HON’BLE JUDGES
Prakash Chandra Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 29
RESULT
Allowed
CASE NUMBER
Miscellaneous Petition No. 26842 Of 2023
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Judgment

9 paragraphs · 342 words

Prakash Chandra Gupta, J

1.

This is first bail application filed by the applicant under Section 439 o f Cr.P.C., in connection with FIR/Crime No.503/2023 registered at Police Station Kotwali, District Jhabua (MP) for offence punishable under Sections 8/21, 29 of NDPS Act.

0 2 . As per prosecution case, on 25.4.2023 on the basis of secret information Police proceed towards the spot and Police had recovered 11.25 gms.of smack from possession of the present applicant Ajay and 13.60 gms.smack from co-accused Shahbaz.

03 . Learned counsel for the applicant submits that the applicant is innocent and has not committed the offence and he has been falsely implicated in the case. After completion of investigation, charge-sheet has been filed. He has no criminal past like this offence. The applicant is in custody since 25.4.2023. The trial will take sufficient long time for its disposal, on this ground prayer is made to enlarged the applicant on bail.

4.

Per contra, learned Government Advocate for the respondent/State has opposed the prayer and submits that other offence is registered against the applicant under the offence of IPC in the year 2020. Therefore, he is not entitled for bail.

5.

I have heard the learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances coupled with the fact that final conclusion of the trial will take sufficient long time, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.

7.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with solvent surety in the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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