Botlal vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/ she is implicated in connection with Crime No.196/2019 registered at Police Station\ Narayangarh, District- Mandsaur for offence punishable under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1885. The applicant is in custody since 08.05.2023.

According to the prosecution case after receiving information on 01/07/2019, the police trapped motorcycle and one pick-up vehicle. On search 331 kg. poppy straw was found. The person present in the pick-up vehicle Indar Raj was taken into custody and interrogated by the police, who revealed that poppy straw was got loaded by the co-accused Ramnarayan. Statements of the co-accused were recorded through which the present applicant/accused was implicated in this case. The allegation against the present applicant/accused is that he was doing the piloting of the car that contained the seized contraband on a motorbike.

Counsel for the applicant has submitted that the co-accused Ramnarayan has already been granted anticipatory bail vide order dated 14/10/2019 passed in M.Cr.C. No.41588/2019. The applicant is lodged in jail since 08.05.2023 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer.

Having considered the rival submissions, on perusal of the case diary and taking note of the fact that the co-accused Ramnarayan has already been granted anticipatory bail vide order dated 14/10/2019 passed in M.Cr.C. No.41588/2019, this Court finds force with the contentions raised by the counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand 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.

Certified copy as per rules.