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Judgment
Subodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the SECOND bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.02/2022 registered at Police Station:CBN, District Indore (MP) f o r offence punishable under Section 8/18 &29 of Narcotic Drugs and Psychotropic Substances Act, 1885. The applicant is in custody since 18.04.2023.
His earlier application bail application was rejected by the coordinate Bench of this Court on merits vide order dated 25.05.2023 passed in MCRC.No.19484/2023.
Counsel for the applicant submits that subsequently the charge sheet has already been filed. The applicant is lodged in jail since 18.04.2023. and the final conclusion of the trial is likely to take sufficient long time. It is also submitted that there is no material evidence to prescribe for the offence as the quantity of contraband was 01.835 gram which has been seized from the possession of co-accused Shamshersingh and the applicant has been arraigned as accused only on the basis of memo prepared under Section 67 of the NDPS Act. Hence, it is prayed that the application be allowed and the applicant be released on bail.
Counsel for the respondent, on the other hand, has opposed the prayer. However, it is not denied that the quantity of contraband seized was less than the commercial quantity.
Having considered the rival submissions and on perusal of the case-diary, and considering the fact that at the time when earlier bail application of the applicant was rejected by the coordinate Bench of this Court in MCRC.No.19484/2023 vide order dated 25.05.2023, the charge sheet was not filed and now the charge sheet has been filed and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.