Fateema Bee And Others vs State Of Madhya Pradesh

Prem Narayan Singh, J

This order shall govern the disposal of these bail applications as they are arisen out of same Crime of the same police station, hence, they are heard analogously and are being decided by this common order.

These are first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant - Fateema Bee has been arrested in relation to F.I.R./Crime No.423/2023 dated (not mentioned), registered at Police Station Neemuch Kant District-Neemuch (M.P.) for the offence under Sections 8/21, 29 of Narcotic Drugs and Psychotropic Substances Act, 1885. applicant -Sarik @ Sharif has been arrested in relation to F.I.R./Crime No.423/2023 dated (not mentioned), registered at Police Station Neemuch Kant District-Neemuch (M.P.) for the offence under Sections 8/21, of Narcotic Drugs and Psychotropic Substances Act, 1885 and applicant - Mohammad Rafik has been arrested in relation to F.I.R./Crime No.423/2023 dated (not mentioned), registered at Police Station Neemuch Kant, District-Neemuch (M.P.) for the offence under Sections 8/21, 29 of Narcotic Drugs and Psychotropic Substances Act, 1885 and Section 25, 27 of Arms Act, 1959. Applicants are in custody since 10.08.2023.

3 . Allegation against the applicants is that they are involved in the aforesaid offence wherein 120 grams of smack was recovered from one Raja. On the basis of his memorandum the applicants were arrested in the present crime.

Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present crime. Nothing was seized from the possession of the applicants. Non commercial quantity 120 grams of smack has been seized from the possession of main accused Raja. The applicants are implicated only on the basis of memorandum of Raja recorded under Section 27 of Evidence Act. The applicants are in custody since 10.08.2023 and final conclusion of trial will take considerable long time. Under these circumstances, counsel prays for grant of bail to the applicants.

5 . On the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection by submitting that there are three cases registered against applicant-Mohammad Rafik.

At this juncture learned counsel for the applicants submitted that so far as the criminal antecedents are concerned the applicant has either been acquitted from the aforesaid cases or released on bail and merely on the basis of criminal antecedents alone the accused persons cannot be kept in custody for indefinite period.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that it is a case, in which applicants may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicants, stands allowed.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.