Lalsingh vs State Of M.P

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Pro-cedure Code, 1973 for grant of bail during the trial. The applicant is facing trial in

connection with Crime No.61/2020, registered at Police Station-Nar-cotics Cell, Indore, District-Indore (MP) for offence punishable under Sec-tion

8/21 of Narcotic Drugs and Psychotropic Substances Act. The applicant is in custody since 10/10/2020.

The allegation against the applicant is that he is involved in the afore-said offence, wherein 2.00 kgs of brown sugar has been seized from the

possession of other two co-accused persons namely Ajay Jain and Sushant Mandal. In his memo prepared under Section 27 of Evidence Act, Ajay

Jain has named the present applicant has the person from whom the aforesaid contraband has been seized.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on account of his previous case of same

nature committed in the year 1994. It is further submitted that the co- accused has already been released on bail vide order dated 24/05/2021 passed in

M.Cr.C. No.22041/2021.

Counsel further submitted that so far as the present case is concerned, apart from the memo prepared under Section 27 of Evidence Act at the in-

stance of the other co-accused, there is nothing on record to connect the ap-plicant with the offence. Even otherwise it is submitted that so far as the

contraband is concerned, sample of which has also been sent to Regional Science Lab, Rau, from where the report of the same has been received,

which shows that it does not contain diacetylmorphine. Counsel submitted that the veracity of the contraband is under doubt. The applicant is in jail

since 10/10/2020 and final conclusion of the trial is likely to take sufficient long time on account of Covid-19, hence, prays for grant of bail to the ap-

plicant.

Learned Panel Lawyer for the respondent/State on the other hand, op-posed the prayer.

Having considered the rival submissions and on perusal of case diary, this Court finds force in the contentions raised by learned counsel for the

applicant. Considering the fact that charge sheet has also been filed, the ap-plicant is in jail since 10/10/2021 and further taking note of the fact that

au-thenticity of the contraband itself is under clout so also the final conclusion of the trial is likely to take sufficiently long time in the wake of fresh

spread of Covid-19, it would be expedient to allow the present application.

Accordingly, without commenting on the merits of the case, the ap-plication filed by the applicant is allowed. The applicant is directed to be re-leased

on bail upon furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One lakh only) with one solvent surety of 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 court

concerned during trial and shall also abide by the conditions enumer-ated under Section 437 (3) Criminal Procedure Code, 1973.

I t is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant 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.