Vinod vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.169/2023 registered at Police Station Azad Nagar, District Indore (M.P.) for the offence under Section 8/21 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 22/03/2023.

As per the prosecution story, on 22/03/2023 police got a discrete information from the informant regarding the contraband article. Act upon the said information, police party reached on the spot and intercepted the present applicant and recovered 30 gram Brown Sugar from his possession.

Accordingly, a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in custody since 22/03/2023. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Applicant is the permanent resident of Indore district and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned counsel for the respondent/State opposes the bail application and prays for its rejection by submitting that five criminal antecedents under the IPC have been found against the present applicant. He is a habitual offender, hence, is not entitled to be enlarged on bail.

Perused the charge sheet produced by the applicant as well as the impugned order of the Court below.

Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 22/03/2023; seized quantity of contraband is below than the commercial quantity therefore, bar under Section 37 of the NDPS Act would not be attracted; investigation is over, therefore, no further custodial interrogation of the applicant is required; applicant is having five criminal antecedents but none is related with the NDPS Act and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail.

Accordingly, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.