Golu @ Niraj Bhathri And Others vs State Of Madhya Pradesh

Anil Verma, J

1 . Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. They are in jail since 25.4.2023 in connection with Crime No.286/2023 registered at P.S. - Aerodrome, Indore (M.P.) for commission of offence punishable under Section 8/21, 29 of NDPS Act.

2 . As per the prosecution story, on 25.4.2023 police got discreet information regarding the illegal transportation of contraband. Acting upon the said information police party reached on the spot and intercepted a bike and jointly recovered 15 gram brown sugar from the possession of applicants. Accordingly a case has been registered.

3 . Learned counsel for the applicants contended that applicants are innocent and they have been falsely implicated in this matter. They are in custody since 25.4.2023. Seized quantity of contraband from the possession of co-accused is a non commercial quantity. Investigation is almost over. There is no legal evidence available on record to connected the present applicants with the aforementioned offence. Co-accused Manoj has been enlarged on bail by this court vide order dated 16.6.2023 passed in M.Cr.C. No. 22938/2023 in similar circumstances. Final conclusion of trial will take considerable long time. Hence, he prays that applicants be released on bail.

4 . Per-contra, learned GA for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that seized quantity of contraband is below than the commercial quantity, co-accused has been enlarged on bail, investigation is almost over and final conclusion of trial will take considerable long time, I deem it proper to release the applicants on bail.

7 . Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand) each with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.