Mohammad Sher Khan vs State Of Madhya Pradesh

Vivek Rusia, J

This is the sixth (repeat) application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant-Mohammad Sher Khan who is in custody since 15.05.2019 in connection with Crime No.263/2019 registered at Police Station Neemuch City, District Neemuch for the offence punishable under Section 8/15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

As per prosecution case, on 15.05.2019 on the basis of discreet information, police apprehended a yellow coloured tractor trolly and recovered 96 kg poppy straw from the possession of the applicant. On that basis the aforesaid, offence has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present case. 96 Kg of poppy straw of contraband has been recovered from the possession of the present applicant. The applicant is in custody since 15.05.2019, there is no criminal record of the present applicant. Conclusion of trial will take sufficient time. Under these circumstances, learned counsel for the applicant prays for grant of bail.

Learned Government Advocate for the respondent / State opposes the application and prays for its rejection.

Considering the aforesaid facts and circumstances of the case but without commenting on the merits of the case, the application is allowed and applicant-Mohammad Sher Khan is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

C.c. as per rules.