Shahrukh vs State Of M.P

Sujoy Paul, J

This is first application filed under Section 439 of the Cr.P.C. seeking bail arising out of Crime No.249/2020 under Sections 8/20, 25 and 29 of NDPS

Act registered at Police Station â€" Afjalpur, District â€" Mandsaur(M.P.).

Learned counsel for the applicant submits that the applicant is the first offender under the NDPS Act. The applicant is in custody since 15/04/2021.

Challan has been filed. Arraignment of applicant is solely based on the basis of a memorandum obtained from main accused Gopal under Section 27 of

the Indian Evidence Act. As per prosecution case, 120 Kg of Ganja was recovered from Gopal. Nothing is recovered from the applicant. He is neither

the owner nor the person who has taken the vehicle on rent. The applicant has been falsely implicated. Thus, the applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer. However, it is not disputed that (i) chalan has been filed (ii) the applicant is the first offender

under the NDPS Act and, (iii) the applicant's arraignment is solely based on the said memorandum.

Considering the aforesaid, without expressing any opinion on merits of the case, I deem it proper to enlarge the applicant on bail. Moreso, when in this

pandemic era conclusion of trial is not possible in near future.

Consequently, the application of the applicant filed under Section 439 of the Cr.P.C. is hereby allowed. It is directed that the applicant be released on

bail on his furnishing personal bond in the sum of Rs.2,00,000/-(Rupees Two Lakhs) with one solvent surety in the like amount to the satisfaction of

the trial Court and on the condition that he shall remain present before the Court concerned during the trial and also comply with the conditions

enumerated under Section 437(3) of the Cr.P.C.