Chain Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is the fifth bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.31/2020 registered at Police Station Suvasra, District Mandsaur (MP) for offence punishable under Section 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 29/01/2020. His earlier bail applications have been dismissed by this Court.

Allegation against the applicant is that he was also involved in the aforesaid case wherein 535 kg of poppy straw has been seized.

Counsel for the applicant has submitted that it has already been more than 3 years and 8 months since the applicant is in custody and the Supreme Court in a recent decision rendered in the Special Leave to Appeal (Crl.) No.6690/2022 in the case of Dheeraj Kumar Shukla Vs. State of U.P. has allowed the application of the accused on the ground that there are no criminal antecedents of the applicant and despite the fact that he was having 92 kg and 62 kg of Ganja was seized from two different place and the accused was arrested at the spot and in that case, the Supreme Court has allowed the bail application considering the fact that two and half years have elapsed since his custody and has also considered the implication of Section 37 of the NDPS Act. Counsel has also submitted that in the case at hand, only two witnesses have been examined out of total 18 witnesses and the applicant has already suffered three years and eight months of incarceration 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 he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out as his earlier bail applications have already been dismissed.

Having considered the rival submissions and on perusal of the case diary as also the earlier order passed by this Court and also the decision rendered by the Hon'ble Supreme Court in the case of Dheeraj Kumar Shukla (supra), this Court finds that the Hon'ble Supreme Court has already granted bail to the accused who was found in possession of commercial quantity of contraband and has spent two and half years of incarceration and in the present case out of 18 witnesses, only 2 witnesses have been examined and the applicant is in jail since 20/01/2020. In such circumstances, this Court is inclined to allow the present application.

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.1,00,000/-(rupees one lakh 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.