Shreeram vs State Of Madhya Pradesh

Subodh Abhyankar, J

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 / she is implicated in connection with Crime No.563/2022 registered at Police station Jawad, District-Neemuch for offence punishable under Section 8/15 & 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 17.12.2022.

Allegations against the applicant is that he was found in possession of 1.640 grams of Opium the commercial quantity of which is 2.5 Kg and 29.500 Kg of poppy straw the commercial quantity of which is 50 Kg.

Counsel for the applicant has submitted that both the quantities were less than the commercial quantities and the charge sheet has already been filed. It is further submitted that the applicant is lodged in jail since 17.12.2022 and there is no minimum sentence provided. The final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be 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, however, it is not denied that there are no criminal antecedent against the applicant.

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 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 on certain strict terms.

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.25,000/-(Rupees Twenty Five 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.