Sarthak @ Samrat Yagink And Others vs State Of M.P

Subodh Abhyankar, J

They are heard. Perused the case-diary.

All these three applications have arisen out of the same crime number of same police station, therefore, they are heard analogously and are being

decided by this common order.

All these three applications are the first applications under Section 439 of Criminal Procedure Code, 1973, as they are implicated in connection with

Crime No.04/2021 registered at Police Station Vijaynagar, District â€" Indore (MP) for offence punishable under Sections 8/22 and 29 of N.D.P.S.

Act.

Applicant Aman @ Kishan is in custody since 01.01.2021, applicant Sarthak @ Samrat Yagink is in custody since 28.02.2021 and applicant Anbu

Inbaraj Nadar is in custody since 04.03.2021.

The allegation against the applicant Sarthak @ Samrat Yagink is that he was found in possession of 2gm MDMA drug on 02.02.2021, whereas the

applicant â€" Aman @ Kishan was found along with 10gm MDMA drug on 01.01.2021, whereas the applicant Anbu Inbaraj Nadar has been

arraigned on the basis of memo prepared under Section 27 of the Evidence Act as he is the driver of co-accused Sarthak @ Samrat Yagink.

Counsels have submitted that separate seizures have taken place in respect of both the applicants Sarthak @ Samrat Yagink and Aman @ Kishan

and the quantity seized from them are less than the commercial quantity, which is more than 10gm. It is further submitted that there are no criminal

antecedents against the applicants and applicant Aman @ Kishan is in custody since 01.01.2021, applicant Sarthak @ Samrat Yagink is in custody

since 28.02.2021 and applicant Anbu Inbaraj Nadar is in custody since 04.03.2021 and the final conclusion of the trial is likely to take sufficient long

time, although the charge-sheet has already been filed.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is not denied that there are no criminal antecedents against the

applicants.

On due consideration of submissions and on perusal of the case-diary, taking note of the fact that the seized quantity is less than the commercial

quantity and there are no criminal antecedents and final conclusion of trial is likely to take sufficient long time, this Court finds it expedient to allow the

present bail applications.

Accordingly, without commenting on the merits of the case, the applications filed by the applicants are allowed. The applicants are directed to be

released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (rupees One Lakh) each with separate solvent sureties of the like amount

to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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 if the applicants are found to be involved in any criminal activities, after their release on bail, then the present bail order shall

stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused persons 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.