Sattu @ Satyanaryan vs State Of M.P

Vivek Rusia, J

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.65/2021 registered at police station Neemuch District

Neemuch for the offence punishable under section 8/15 and 29 of the NDPS Act.

The petitioner is in jail since 3.2.2021.

As per prosecution case, on 3.2.2021, A.S.I of Police Station Neemuch received a discrete information intercepted a motorcycle bearing No.MP-44-

MN-1458 and came to recover 57 Kgs of Poppy Straw from the joint possession of the present applicant and co-accused Lal Singh @ Arjun and

consequently they were arrested.

Learned counsel for the applicant submits that applicant has been falsely implicated in the offence. The applicant is in custody since 3.2.2021. The

offence is triable by Magistrate. The investigation is complete and charge sheet has been filed. There is no likelihood of early conclusion of the trial,

hence prayed for release of the applicant on bail.

Learned counsel for the applicant voluntarily undertakes to donate 2 Oximeter and 2 infra-thermometer to the concerned police station, if the applicant

is released on bail.

Prayer is opposed by the learned counsel for the respondent/State.

Case-diary perused.

Considering the facts and circumstances of the case and without commenting on the merit of the case, the application is allowed with conditions. The

applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety in the

like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial

Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. He shall appear and mark his

presence before the concerned police station on the dates fixed by the SHO till the end of the trial.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID

-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

C.c as per rules.