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Judgment
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.323/2020 registered at Police Station Taal, District Ratlam (MP) for offence punishable under Sections 8/22, 29 of NDPS Act. The applicant is in custody since 15.09.2020.
Learned counsel for the applicant submits that in the present case although charge sheet has already been filed on 13.06.2022, wherein it is alleged that that applicant was found in possession of 1 kg MDM but FSL report has not been filed till date.
Learned counsel has drawn attention of this Court towards the order passed by the Hon'ble Supreme Court in Special Leave to Appeal (cri) No.11628/2022 in case of Divyas Bardewas Vs. Narcotics Control Bureau, wherein, the Hon'ble Supreme Court was pleased to allow the bail application on the ground that the the FSL report has not been filed alongwith the charge sheet. It is submitted that the applicant is claiming parity and he also be granted bail in the present case.
Learned counsel for the respondent/state has opposed the prayer. However, it is not denied that the FSL report has not been filed alongwith the charge sheet.
On due consideration of submissions and on perusal of the case diary, this Court finds it expedient to allow the application.
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.