Durgesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

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.134/2022 registered at Police Station Chimanganj Mandi, District Ujjain (MP) for offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 17/02/2022.

Allegation against the applicant is that he was he was found in possession of 04.467 kg of cannabis.

It is stated in the application that the quantity of contraband seized from the applicant is non commercial quantity as the commercial quantity of cannabis is 20 kg. It is further stated that only one case is registered against the applicant which is under the Gambling Act. It is also submitted that co-accused Dharmendra Singh @ Chotu has already been grantee bail by this Court vide order daed 24.02.2023 passed in MCRC No.46773/2023. It is further stated that the applicant is lodged in jail since 16/02/2022, charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time. Hence, it is prayed 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, however, it is not denied that there are no criminal antecedents under the NDPS Act.

Having considered the rival submissions, perusal of the case diary and considering the fact that the charge sheet has already been filed, non-commercial quantity of cannabis has been seized from the applicant and 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 on certain strict terms.

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) 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.