Ashok vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. seeking bail by the applicant/accused, relating to FIR/Crime No.647/2023 dated (not mentioned) registered at Police Station Kotwali, District Mandsaur (M.P.) for commission of offence punishable under Sections 8/15 and 29 of the NDPS Act.

Prosecution story, in brief is that on 02.12.2023, co-accused Mahesh Vishnoi was found in possession of 25 kgs. of Poppy Straw, without having any license or authority. During investigation, it was found that co-accused Ishwarlal Balai had supplied the aforesaid contraband to co-accused Mahesh Vishnoi. Thereafter, co-accused Ishwarlal Balai was arrested, who in his memorandum statement has named the present applicant Ashok Rawat and Rahul Balai, who had supplied him the aforesaid contraband.

3 . Learned counsel for the applicant/accused person submits that the applicant has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Ishwarlal Balai. No contraband has been seized from the possession of present applicant. There is no legal evidence available against him. Applicant has no criminal past and is in custody since 04.12.2023. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.

4 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.

Having considered the rival submissions and after perusal of the case diary so also looking to the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- Ashok Rawat shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One lac only) with two sureties of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

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

With the aforesaid, this application is allowed and stand disposed of. Certified copy, as per Rules.