Mahendra Lodhi vs State Of Madhya Pradesh

Atul Sreedharan, J

This is the ninth application under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail to applicant Mahendra Lodhi in connection with Crime No.418/2021 registered at Police Station Ashoknagar District Ashoknagar for the offences punishable under Sections 8/21 and 29(2) of NDPS Act.

This is the ninth application for grant of bail to the applicant. Three earlier applications were dismissed on merits. Applicant was arrested after having found in possession of 6 gms smack. He is in judicial custody since 10-06-2021 and trial is still going on. Since the last application dismissed on merits, the case was listed before the trial Court on six instances till 07-11-2022 and prosecution witnesses are not appearing to testify before. The seizure witnesses have already testified earlier and both of them have completely turned hostile and not supported the prosecution case. However, an application has been dismissed on merits subsequent to the testimony of seizure witnesses who already turned hostile. However, said order has not considered the statement of seizure witnesses while dismissing the application on merits.

Learned counsel for the State has opposed the application for grant of bail.

Therefore, looking to the delay caused by the prosecution in producing its witnesses before the trial Court and also considering the fact that the quantum of contraband article seized from the applicant is 6 gms which small intermediatory quantity, commercial being 250 gms, application is allowed. It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.

Certified copy as per rules.