Shankarlal vs State Of Madhya Pradesh

Prem Narayan Singh, J

They are heard and perused the case diary.

(1) This is the first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail in connection with Crime No.388/2023, registered at Police Station-Daloda, District-Mandsaur(M.P.), for the offence under Sections 8/15 and 29 of NDPS Act. The applicant is in custody since 28.08.2023.

(2) As per the prosecution story, on source information, the Police allegedly recovered 38 Kg of Poppy-straw from the possession of the applicant

( 3 ) Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. The applicant is having no criminal record. He submitted that the alleged contraband said to have been seized by the present applicant is less than commercial quantity. He further submitted that in similarly situated co-accused Raisingh has been granted bail by this Court vide order dated 04.10.2023, passed in M.Cr.C. No.41645/2023. The applicant is in jail since 28.08.2023. Under these circumstances, he prays for grant of bail to the applicant.

(4) Learned counsel for the respondent/State opposes the prayer and prays for its rejection, however it is fairly admitted that there are no criminal antecedents against the applicant.

(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and the seized quantity of the contraband, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

(6) It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

(7) This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.