Juber Mev vs State Of MP

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.550/2021 registered at Police Station Nagda, District Ujjain (MP) for offence punishable under Sections 3/21, 29 of the NDPS Act, 1985. The applicant is in custody since 18/06/2021.

Allegation against the applicant is that he was found in possession of 8 grams of smack. The commercial quantity of which is 250 grams.

Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is in jail since 18/06/2021. It is further submitted that so far as the criminal antecedents of the applicant are concerned, earlier case under Section 379 of IPC was registered against him in which the allegation against him was that he purchased the stolen motorcycle, whereas the other case is under Section 376 of IPC in which the prosecutrix has not supported the case of the prosecution and the third case is under the NDPS Act wherein in M.Cr.C. No.46092/2020 this Court has been pleased to allow the bail application of the applicant on 24/11/2020 taking note of the earlier two criminal antecedents of the applicant. Counsel has submitted that so far as the case registered under the NDPS Act is concerned, the applicant was solely arraigned on the basis of a memo prepared under Section 27 of the Evidence Act and there is no direct evidence against him and otherwise also it is submitted that the quantity is much less than the commercial quantity and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted 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, the factual situation regarding the criminal antecedents is not denied.

Having considered the rival submissions and on perusal of the case diary, this Court force with the contentions raised by the counsel for the applicant and the fact that the contraband seized from the applicant was less than the commercial quantity and the 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.

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.2,00,000/- (rupees two 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.

It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.