Santosh vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant’s first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No 549/2022 registered at Police Station – Jawad, District-Neemuch (MP) for offence punishable under Sections 8/15, 29 of NDPS Act. The applicant is in custody since 30/03/2023

The allegation against the present applicant is that he was also involved in the aforesaid case whereas 8 Qt. 40 kg poppy straw has been seized from the possession of co-accused persons namely Aarif and Vikram..

Counsel for the applicant has submitted that in the memo of the co-accused persons namely Arif and Vikram recorded under section 27 of the Evidence Act, it is stated that they procured the aforesaid contraband from the present applicant. Apart from the aforesaid memo, there is nothing on record to connect the applicant with the aforesaid offence. It is also submitted that the applicant is in jail since 30/03/2023 and the final conclusion of the trial is likely to take a long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer, but fairly admitted that there is no memo of Evidence Act of the applicant has been recorded. He further stated that one criminal antecedent of the year 2022 of similar nature has been found against the applicant.

On due consideration of the rival submissions and on perusal of the case diary and the fact taht there is no material on record to connect the applicant with the aforesaid offence except the memo under section 27 of the Evidence Act , this Court finds force with the contention raised by the counsel for the applicant.

Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby 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 only) 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.

It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty 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.

CC as per rules.