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Judgment
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.126/2019 registered at Police Station Narayangarh, District Mandsaur (MP) for offence punishable under Section 8 / 15 and Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
The applicant is in custody since 07.04.2019.
As per prosecution story, 52 kilograms of poppy husk has been recovered from the possession of applicant over bike bearing registration number MP-14 MB-7448.
Learned counsel for the applicant has submitted that the applicant is a youth aged about 23 years; and he is not having any past criminal antecedents. 52 kilograms of poppy husk alleged to have been recovered from the possession of applicant. However, weight of the aforesaid seized contraband article is including with its packing. Therefore, there is every possibility that the weight of the seized contraband article may be 50 kilograms. The applicant is in custody since 07.04.2019. The investigation is over and charge sheet has been filed. The conclusion of the trial will take sufficiently long time and there is no apprehension of the applicant running away from the course of justice, if released on bail. It is also contended that the provisions of Sections 42, 55 and 57 of the Narcotic Drugs & Psychotropic Substances Act, 1985 have also not been complied with. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, coupled with material available in the case diary, but 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 his / her 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 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.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
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