Madhya Pradesh High Court
MCRC/51520/2023 of MUKESH YADAV Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 51520 of 2023
BETWEEN:-
MUKESH YADAV S/O SHRI PREM SINGH YADAV, AGEDABOUT 42 YEARS, OCCUPATION: LABOUR VILLAGERAJOUDA TEHSIL BASODA DISTRICT VIDISHA(MADHYA PRADESH)
(BY SHRI M.L. YADAV- ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION PATHARIYADISTRICT VIDISHA (MADHYA PRADESH)
(BY MS. PADAMSHRI AGRAWAL - PANEL LAWYER )
.....RESPONDENTS
This application coming on for admission hearing this day, the courtpassed the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
They are heard. Perused the case-diary.
This is the first bail application filed by applicant under Section439 of Criminal Procedure Code, 1973 as he is implicated inconnection with Crime No. 126/2023 registered at Police Station -Pathariya, District Vidisha (MP) for offence punishable under Section8/21 of NDPS Act, 1985. He is in custody since 18/09/2023.
The allegation against the applicant is that he was involved in the aforesaid case wherein total 9 grams of brown sugar (heroin) had beenseized from the possession of applicant, whereas, small quantity ofbrown sugar (heroin) is 5 grams and commercial quantity of the sameis 250 grams.
Counsel for the applicant has submitted that the applicant islodged in jail since 18/09/2023 and the charge sheet has since beenfiled and further custodial interrogation of the applicant may not berequired. The applicant has no criminal antecedents and the finalconclusion of the trial is likely to take sufficient long time Therefore, itis prayed that the present applicant be released on bail.
Counsel for the respondent/State, on the other hand, has opposedthe prayer.
On due consideration of submissions, perusal of the case-diary aswell as looking to the quantity of contraband items seized from thepossession of the applicant, this Court without commenting anything onmerits of the case allow the present bail application filed on behalf ofthe applicant. The applicant is directed to be released on bail upon hisfurnishing a personal bond in the sum of Rs. 25,000/- (Rupees TwentyFive Thousand only) with one solvent surety in the like amount to thesatisfaction of the Trial Court for his appearance, as and when directedand shall also abide by the conditions enumerated under Section 437 (3)Criminal Procedure Code, 1973.
C.c. as per rules.
Durgekar
(SUBODH ABHYANKAR)JUDGE