Manpreet vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.340/2023 registered at Police Station Bhawarkuwa, District Indore (MP) for offence punishable under Sections 8/18 of N.D.P.S. Act. The applicant is in custody since 29.03.2023.

The allegation against the applicant is that he was found in possession of 250 grams of opium, the commercial quantity of which is 2.5 kg.

Counsel for the applicant has submitted that co-accused Shahrukh has already been granted bail by the trial Court itself and the present applicant is lodged in jail since 29.03.2023. Charges-sheet has already been filed and the final conclusion of trial is likely to take sufficient long time. It is also submitted that there are no criminal antecedents against the applicant. Therefore, it is prayed that the application be allowed.

Counsel for the State has opposed the prayer, however, it is not denied that there are no criminal antecedent against the applicant.

On due consideration of submissions, perusal of the case-diary and looking to the quantity of contraband seized, which is less than the commercial quantity, this Court is inclined to allow the application.

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.50,000/-(rupees fifty thousand) 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.

Certified copy as per rules.