Goldie vs State Of MP

Satyendra Kumar Singh, J

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 11/11/2021 in connection with Crime No.772/2021 registered at Police station City Kotwali District Mandsaur for commission of offence punishable under Sections 8/22 and 29 of the NDPS Act.

Prosecution story, in brief, is that on 6/11/2021 co-accused Vishal @ Harish was found having 200 grams of Alprazolam powder in his illegal possession. The co-accused Vishal @ Harish procured the aforesaid contraband from the applicant and other co-accused person Yogesh Patidar.

Learned counsel for the applicant submits that the applicant is a young boy aged about 18 years and 8 months. He has been made accused only on the basis of memorandum statement of co-accused person Vishal @ Harish. There is nothing else on record which indicates the involvement of applicant in the crime. He has been falsely implicated in the matter. He is in custody since 11/11/2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposed the prayer but fairly concedes that the applicant has been made accused on the basis of memorandum statement of co-accused person Vishal @ Harish.

Having considered the rival submissions, the age of the applicant, material produced on record and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.