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2022 DIGILAW 1611 (MP)

Sunil v. State of Madhya Pradesh

2022-12-26

RAJENDRA KUMAR VERMA

body2022
JUDGMENT Rajendra Kumar (Verma), J. - This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.512/2022 registered at Police Station Sanyogitaganj, District Indore for offence under Section 8/21 of NDPS Act. Applicant is in jail since 18/10/2022. 2. As per the prosecution story, on 18/10/2022 police got a discrete information from the informant regarding the illegal transportation of the contraband. Act upon the said information, police party reached on the spot and intercepted the present applicant and recovered 10 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. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Applicant is not having any criminal antecedent. The applicant is in custody since 18/10/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant. 3. Learned Government Advocate opposed the application and prayed for its rejection. 4. I have heard the learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, on perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. 5. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. 6. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. 7. The M.Cr.C. stands allowed and disposed off. Certified Copy as per rules.