Kailash vs State Of M.P

Sujoy Paul, J

This is second repeat bail application under Section 439 of Cr.P.C. for grant of bail. The applicant is implicated in Crime No.79/2021 registered at Police Station Jawad District Neemuch for the offence punishable under Sections 8/18 and 29 of the NDPS Act. He is in custody since 15.03.2021.

First application was dismissed as withdrawn vide order dated 08.04.2021 passed in MCRC No.17059/2021 with liberty to renew it after challan is filed.

It is informed by learned counsel for the applicant that challan has been filed. The applicant is having no criminal record. The applicant is arraigned on the basis of memorandum statements of co-accused recorded under Section 27 of the Evidence Act. The trial will take long time in this Covid-19 Pandemic era. Hence, he may be enlarged on bail.

The prayer is opposed by learned Counsel for the State. However, he fairly admitted that (i) challan has been filed (ii) applicant was arraigned on the basis of memorandum statements of co-accused; (iii) the applicant has no criminal record.

I have heard the parties and perused the record.

Considering the aforesaid, liberty granted earlier coupled with the fact that the applicant arraigned on the basis of memo of co-accused, I deem it proper to enlarge the applicant on bail. The application filed by the applicant Kailash is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees Three lacs only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

With the aforesaid, the application stand disposed of.

Certified copy, as per rules.