Shadab vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.22/2021 registered at Police Station Narcotics Cell, District Indore for offence punishable under Section 8/15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 17.01.2024.

3 . Allegation against the applicant is that he was also involved in the aforesaid case wherein 45Kg of poppy straw has been seized from the possession of co-accused Shahrukh, and on the memo prepared under Section 27 of the Evidence Act, the present applicant has been implicated in the present case.

Counsel for the applicant has submitted that the applicant has been implicated only on the basis of a memo prepared under Section 27 of the Evidence Act of co-accused Shahrukh, who has already been granted bail by the coordinate Bench of this Court in MCRC.No.44060/2021 vide order dated 7-09-2021, and it is stated that he is the person who had purchased the vehicle from the original owner and had given to co-accused Shahrukh for transportation of contraband. It is submitted that apart from 27 memo there is no other material available on record to connect the applicant with the offence. It is further submitted that the applicant is lodged in jail since 17.01.2024, and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application of the applicant be also allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer, and it is submitted that no case for grant of bail is made out.

6 . Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicant and further taking note of the fact that apart from the memo prepared under Section 27 of the Evidence Act, no material is available on record to connect the applicant with the offence and the fact that co-accused Shahrukh has been granted bail by coordinate Court vide order dated 7-09-2021 passed in M.Cr.C.No.44060/2021 and the contraband seized is less than commercial quantity, and the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

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.50,000/-(Rupees Fifty Thousand) 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.

Certified copy as per rules.