Madhya Pradesh High Court
MCRC/3305/2024 of PHAKA 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 INDOREBEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3305 of 2024
BETWEEN:-
PHAKA S/O DALLAJI VASUNIA OCCUPATION: AGRICULTURE R/O GRAM KHEDA BORDA DISTT. DHAR (MADHYA PRADESH)
(SHRI GURUMEET SINGH DANG - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BADNAWAR, DISTRICT DHAR (MADHYA PRADESH)
(SHRI SURENDRA GUPTA - GOVT. ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
They are heard and perused the case diary.
This is the First bail application filed by the applicant under Section 439
of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.722/2023, registered at P.S.-Badnawar, District- Dhar (M.P.) for the offencepunishable under Section 8/20 of NDPS Act. He is in detention since28.10.2023.
(2) As per prosecution story, 130 green wet Ganja plants weighingabout 151.700 kgs has been recovered from the field of the applicant.
(3) Learned counsel for the applicant submits that the applicant isinnocent and he has falsely been implicated in this case. He placed his relianceupon the orders passed by Co-ordinate Bench of this Court in MCRC No.4553/2023, passed vide order dated 02.02.2023 and MCRC No. 682/2023,passed vide order dated 03.02.2023. The applicant is in jail since 28.10.2023.Trial of the case will take considerable time. Under these circumstances, heprays for grant of bail to the applicant.
(4) Counsel for State has opposed the prayer and prayed for its rejection.
(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.
(6) It is directed that applicantbe released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, forhis regular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
(7) This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE