Amaan vs State Of Madhya Pradesh Station

Subodh Abhyankar, J

This is applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.749/2021

registered at Police Station-Neelanganga, District- Ujjain MP) for offence punishable under Sections 8/21, 20 of the N.D.P.S. Act . The applicant is in

custody since 23.11.2021.

As per prosecution story, the applicant was found in possession of 6.5 gm smack and 30 gm Charas,which are less than the commercial quantity

prescribed under the provisions of law.

Counsel for the applicant has submitted that this is the first offence of the applicant. It is further submitted that the charge sheet has been filed; the

applicant is in jail since 23.11.2021 and conclusion of the trial is likely to take sufficiently long time. In such circumstances, it is prayed that the

application be allowed and the applicant be released on bail

Counsel for the State, on the other hand, has opposed the prayer and submitted that no case for grant of bail is made out. However, it is not denied

that there are no other criminal case registered against the applicant.

On due consideration of the rival submissions and on perusal of the case diary as also considering the quantity of the contraband and the final

conclusion of the trial is likely to take sufficiently long time, without reflecting anything on the merits of the case, the application filed by under Section

439 of Cr.P.C. on behalf of the applicant is hereby 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 Lac. only) with one solvent

surety of 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.

It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled

automatically without reference to the Court and the police will be at liberty to arrest the applicant 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.