Farhan Khan vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application under Section 439 of CrPC filed on behalf of applicant for grant of bail.

The applicant has been arrested on 02/12/2021 in connection with Crime No.738/2021 registered at Police Station Kotwali, District Shivpuri for

offence under Section 8/21 of the NDPS Act.

As per prosecution story, on 02.12.2021, the applicant along with co-accused Asim were going towards Fatehpur Road on a motorcycle bearing

Registration No.MP33 MM 6332. During patrolling, the police force enquired them and on searching from the possession of present applicant 30

grams of smack (heroin) was seized which is less than the commercial quantity, as prescribed in the schedule given in the Act. The applicant and co-

accused were arrested. Thereafter, Crime No.738/2021 for the offence punishable under Sections 8/21 of NDPS Act was registered against the

present applicant and co-accused Asim. After investigation, charge sheet has been filed in the matter.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Now investigation is

complete and charge sheet has been filed and the conclusion of trial will take its own time, hence prayed for grant of bail.

Learned counsel for the State vehemently opposed the application and prays for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the aforesaid facts and circumstances of the case as well as looking to fact that he is in custody since 02.12.2021, without commenting

upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the

applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the

like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited.

Application stands allowed and disposed of.

Certified copy as per rules.