Saddam Khan vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.1008/2020, registered at Police Station-Vijay Nagar, District-Indore (MP) for offence

punishable under Section 8/22, 29 of Narcotic Drugs and Psychotropic Substances Act. The applicant is in custody since 22/12/2020.

The allegation against the applicant is that he is involved in the aforesaid offence, wherein 20 grams of M.D.M.A Narcotics Drug was seized from the

possession of the other co-accused persons and some transactions were also found to have taken place in respect of the other co-accused persons.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on the basis memo prepared under

Section 27 of Evidence Act and apart from this no evidence is available on record to connect the applicant with the offence. It is further submitted

that there are no other criminal antecedents against the applicant.

The applicant is in jail since 22/12/2020 and final conclusion of the trial is likely to take sufficient long time on account of Covid-19, hence, prays for

grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer.

Having considered the rival submissions and on perusal of case diary, this Court finds that except memo under Section 27 of Evidence Act, there is

nothing on record to applicant with the present crime.

In view of the aforesaid and taking note of the fact that final conclusion of the trial is likelywould be expedient to allow the present 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.1,00,000/-(Rupees One lakh only) with one solvent surety of the like amount to the satisfaction of

the trial Court for his regular appearance before the trial Court during trial with a condition that he 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.

It is also observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

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

Certified copy as per rules.