Madhya Pradesh High Court
MCRC/58023/2023 of SAIYYED IMRAN Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 58023 of 2023
BETWEEN:-
SAIYYED IMRAN S/O SAKIR ALI,
AGED ABOUT 32 YEARS, OCCUPATION: LABOUR HOUSE NO. 176, HINA PALACE DIST.: INDORE (MADHYA PRADESH)
(SHRI DEEPRAJ SINGH - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KHAJRANA, INDORE (MADHYA PRADESH)
(SHRI GAURAV RAWAT - DY. GOVT. ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the case diary.
This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation toFIR/Crime No.524/2023, registered at Police station-Khajrana, District Indore,for the offence under Sections 8/21, of the Narcotic Drugs and PsychotropicSubstances Act 1985. Applicant is in jail since 27.06.2023.
2 . As per prosecution story, 8 grams of Brown Sugar has been recovered from the possession of applicant.
3 . It is contended by the learned counsel for the applicant that theapplicant is innocent and has been falsely implicated in this case. Noncommercial quantity of 8 grams of Brown Sugar has been recovered from thepossession of the applicant. The applicant is in custody since 27.06.2023.Investigation is over and charge sheet has been filed. The final conclusion oftrial will take considerable long time. Hence, the applicant may be enlarged onbail.
4. Learned counsel for the State has opposed the application and praysfor its rejection by submitting that the applicant is having criminal records.
6. In reply, counsel for the applicant submitted that in most of the cases,the applicant has been acquitted or released on bail.
5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case, I am of the view that it is a case in whichapplicant may be released on bail. Consequently, without commenting anythingon the merits of the case, this first bail application u/s. 439 of Cr.P.C. filed onbehalf of the applicant is allowed.
7. It is directed that the applicant/accused be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Courtfor securing his presence before the said Court on all the dates of hearing fixedin this regard during trial. It is also directed that the applicant shall comply withthe provisions of Section 437(3) of the Cr.P.C.
8. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
sumathi
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE