Madhya Pradesh High Court
MCRC/47724/2020 of ALKA KHAN Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-47724-2020 (ALKA
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The High Court Of Madhya PradeshMCRC-47724-2020
(ALKA KHAN AND OTHERSVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri Ankit Saxena, counsel for the applicants.
Shri Gopal Jaiswal, Panel Lawyer for the respondent/State.
This is first bail application under Section 439 of the Cr.P.C. filed bythe applicants who are in custody since 28.10.2020 in connection with CrimeNo. 764/2020 registered at Police Station Govindpura, District Bhopal foroffence punishable under Sections 8/20 of the Narcotic Drugs andPsychotropic Substances Act, 1985.
It is alleged that 4.100 kilograms of contraband material (ganja) hasbeen seized from the possession of the applicants.
Learned counsel for the applicants submits that the applicants havebeen falsely implicated in the case. They have no criminal antecedent. The co-accused person namely Bhagwan Das has been released on bail by the trialCourt. It is also submitted that due to outbreak of Corona Virus pandemic,trial will take considerable time, hence it is prayed that applicants be releasedon bail.
Learned Panel Lawyer for the State has strongly opposed the bailapplication.
Considering the facts and circumstances of the case, withoutcommenting upon the merits of the case, this application is allowed.
It is directed that applicants - Alka Khan and Shiv Narayan bereleased on bail on furnishing personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) each with one solvent surety each, in the likeamount to the satisfaction of the concerned trial Court, for their appearancebefore the trial Court on the dates so fixed by that Court during trial.
If the applicants are found involved in similar offence in future, thisorder of bail shall stand ineffective. Applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
(SMT. ANJULI PALO)
V. JUDGE
vidyaDigitally signed by SREEVIDYA Date: 2020.12.31 16:49:58 +05'30'