Rajesh vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.687/2023 dated (not mentioned) registered at Police Station, Aerodrome, District Indore (M.P.) for commission of offence punishable under Section 8/21 of the NDPS Act.

Prosecution story, in brief is that on 09.10.2023, applicant was found in possession of 36 grams of Brown Sugar, without having any license or authority. The police had seized the aforesaid contraband from the possession of present applicant.

Learned counsel for the applicant submits that applicant/accused has not committed the offence and he has falsely been implicated in the case. The seized contraband does not come under commercial quantity. Applicant has no criminal past of likewise offence and he is in custody since 09.10.2023. After completion of investigation, charge-sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

Learned counsel for the State has opposed the prayer and submits that one another criminal case under the provisions of IPC is registered against him therefore, he is not entitled for bail.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant - Rajesh shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One lac only) with two sureties of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.