Tahir vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.70/2023 dated (not mentioned) registered at Police Station Afzalpur, District Mandsaur (M.P.) for commission of offence punishable under Sections 8/15 and 29 of the NDPS Act.

2 . Prosecution story in brief is that on 29.03.2023, co-accused Nirmal Singh was found having and transporting 1306.500 kgs. of Poppy Straw in a truck bearing registration No.PB11-CJ-4430, without having any license or authority. The police had seized the aforesaid contraband and vehicle from the possession of co-accused. Accordingly, a crime was registered against him. During investigation, it was found that applicant had supplied the aforesaid contraband to the co-accused.

3 . Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement given by co-accused Nirmal Singh. No contraband has been seized from the possession of the applicant. There is no legal evidence available against him. Applicant is in custody since 03.04.2023. After completion of investigation, charge-sheet has been filed and the trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.

4 . On the other hand, learned counsel for the State has objected the prayer and submits that applicant has criminal past and 01 criminal case under IPC and 01 criminal case of likewise offence are registered against the applicant in the year 2016 and 2018 respectively therefore, he is not entitled for bail.

Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant- Tahir shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One lac only) with two sureties of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.