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Judgment
10 paragraphs · 353 wordsHimanshu Joshi, J
1] They are heard and perused the case diary.
2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.396/2025 registered at Police Station City Kotwali, District- Mandsaur (MP) for offence punishable under Sections 8/21 and 29 of NDPS Act. The applicant is in custody since 03.08.2025.
3] The allegation against the applicant is that he was also involved in the present case wherein 100 grams of Smack has been seized from the possession of the present applicant.
4] Counsel for the applicant has submitted that apart from the memorandum statement recorded under section 23 of BSA of the co-accused person, there is nothing on record to connect the applicant with the present crime. It is further submitted that the applicant has been in jail since 03.08.2025 and the final conclusion of the trial will take sufficient long time; thus, it is prayed that the application be allowed.
5] Counsel for the State has opposed the prayer and it is submitted that one case under the NDPS Act is registered against the applicant.
6] On due consideration of submissions and on perusal of the case diary and the fact that the applicant has been in jail since 03.08.2025 and the final conclusion of the trial will take sufficient long time this Court is inclined to allow the present application.
7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973/480 (3) BNSS.
8] Accordingly, the application is allowed and disposed of.
C.c. as per rules.