Shambhulal vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he/she is implicated in connection with Crime No.375/2018 registered at Police Station Nahargarh, District Mandsaur, (MP) for offence punishable under Section 8/15, 29, of the NDPS Act. Applicant is in custody since 18/07/2023.

The allegation against the applicant is that he was also found involved in the aforesaid offence wherein there is recovery of 221.700 Kg. Poppy Straw has been seized from the joint possession of co-accused persons namely Ghanshyam & Shyamlal.

Counsel for the applicant has submitted that the applicant happens to be brother of co-accused Ghanshyam S/o Bherulal and is also owner of the truck from which the contraband was being transported. It is also submitted that both the co-accused persons Shyamlal and Ghanshyam have already been granted bail by this Court in MCRC.No.42199/2022 vide order dated 5.9.2022 and in MCRC.No.28171/2022 order dated 22.8.2022 respectively. The copy of the aforesaid bail order are also kept on record. It is submitted that the applicant's case stands on better footing then the co-accused persons from whom the contraband was seized and who have been granted bail by this Court.

Counsel for the respondent has opposed the prayer.

Having considered the rival submissions, on perusal of the case diary, this Court finds force on the submissions made by counsel for the applicant and the fact that both the co-accused persons Shyamlal and Ghanshyam have already been granted bail by this Court in MCRC.No.42199/2022 vide order d a t e d 5.9.2022 and in MCRC.No.28171/2022 order dated 22.8.2022 respectively.and no purpose would be served keeping the applicant in jail and also the fact that the applicant is lodged in jail since 18/07/2023 and the final conclusion of trial Court will take sufficient long time and accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed.

T h e applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand)with a 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.