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Judgment
11 paragraphs · 450 words@Judgmenttag-Judgment
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.431/2023 dated (not mentioned) registered at Police Station Ringnod, District Ratlam (M.P.) for commission of offence punishable under Sections 8/15 and 29 of the NDPS Act.
2 . Prosecution story, in brief is that on 23.11.2023, co-accused Sunil was found having and transporting 99.446 kgs. of Poppy Straw in a Swift Dzire C ar bearing registration No.DL2C-AU-7051, without having any license or authority. The police had seized the aforesaid contraband and vehicle from the possession of co-accused Sunil. During investigation, it was found that present applicant and co-accused Nanalal had supplied the aforesaid contraband to the co-accused Sunil.
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 Sunil. No contraband was seized from the possession of present applicant. There is no legal evidence available against him. Applicant has no criminal past and he is in custody since 14.12.2023. Co-accused Nanalal has already been granted bail by this Court vide order dated 09.01.2024 passed in MCRC No.57320/2023 and case of present applicant is similar to that of co-accused Nanalal. 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- Bherulal Dhangar 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 stands disposed of. Certified copy, as per Rules.