Vaje Singh @ Vijay Singh 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 / she is implicated in connection with Crime No.154/2021 registered at Police Station Manasa, District Neemuch (MP) fo r offence punishable under Section 8/15 and 29 of the NDPS Act. The applicant is in custody since 23/03/2024.

Allegation against the applicant is that he was also involved in the aforesaid case wherein 3 qunital 74 kg 500 grams of poppy star was seized from the possession of Shaitan Singh and Kuleeep.

Counsel for the applicant has submitted that Shaitan Singh and Kuldeep have already been granted bail by this Court in M.Cr.C. No.21295/2023 and 21450/2023 both dated 01/06/2023 on the ground that the FSL report was not filed along with the charge sheet. It is submitted that so far as the present applicant is concerned, he has been arraigned only on the basis of a memo prepared under Section 27 of the Evidence Act. It is submitted that the applicant is lodged in jail since 23/03/2024 and 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 as, however, he has not rebutted that the applicant is arraigned only on the basis of 27 memo, however it is submitted that one case under Section 323 of IPC was also registered against the applicant, however, the same was of 2012.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by learned 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.

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.