Amir @ Atik Khan vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This fifth application under Section 439 of Cr.P.C. has been filed for grant of bail. Fourth application was dismissed by order dated 21.7.2022 passed in M.Cr.C.No.35668/2022.

The applicant has been arrested on 20.12.2021 in connection with Crime No.297/2021 registered at Police Station Nateran, District Vidisha for offence under Section 8/20 of NDPS Act.

It is submitted by the counsel for the applicant that according to the prosecution case, 2 Kgs. and 24 Gms. of Ganja was seized from the possession of the applicant. His previous bail applications were rejected merely because of the fact that an attempt was made to play fraud on the Court by giving wrong declaration. The applicant has learnt a lession and he is in jail for the last 10 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that an offence under Section 304-B of IPC was registered in the year 2008 but he was acquitted.

Considering the quantity of contraband seized from the possession of the applicant as well as period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

The application is allowed.