High CourtsSingle Bench

Golu Sen vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 6 May 2024 · Citation: (2024) 05 MP CK 0028

HON’BLE JUDGES
Prem Narayan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 18382 Of 2024
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Judgment

10 paragraphs · 344 words

Prem Narayan Singh, J

Heard and perused the record.

1.

This first bail application has been filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No.121/2024 dated (not mentioned), registered at Police Station-Balakwada Chouki Khaltaka, District-Khargone (M.P.) for the offence under Sections 8/20 of NDPS Act. The applicant is in custody since 22.03.2024.

2 . As per prosecution story, 1.200 KG Ganja has recovered from possession of the applicant.

3.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 22.3.2024. Final conclusion of trial will take a sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4 . On the other hand, learned counsel for the State has opposed the prayer and prayed for rejection of the bail application.

5.

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

6.

It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7.

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.