Madhya Pradesh High Court
MCRC/53969/2023 of SAURABH SOLANKI 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. 53969 of 2023
BETWEEN:-
SAURABH SOLANKI S/O SH. INDRAPAL SINGHSOLANKI, AGE 20 YEARS, OCCUPATION: LABOUR, R/OVILLAGE PRANPUR P.S. CHANDERI, DISTRICTASHOKNAGAR (MADHYA PRADESH)
(BY SHRI B.S. GOUR-ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION CHANDERI, DISTRICT ASHOKNAGAR(MADHYA PRADESH)
(BY SHRI PRABHAKAR KUSHWAH- PANEL LAWYER FORRESPONDENT/STATE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
2] This is the first bail application filed by the applicant under Section439 of Cr.P.C. as he is implicated in connection with Crime No.637/2023registered at Police Station Chanderi, District Ashoknagar (M.P.) for offencepunishable under Sections 8/20 of the NDPS Act. The applicant is in custodysince 26.10.2023.
Allegation against the application is that he was watering 20 cannabisplants which was recovered on the spot. It is further submitted that charge-sheet has been filed and the applicant is lodged in jail since 26.10.2023 and the finalconclusion of the trial is likely to take sufficient long time. Thus, prayed thatapplication may be allowed and applicant be released on bail.
Counsel for the respondent / State, on the other hand has opposed theprayer. However, it is not denied that there are no criminal antecedents of theapplicant.
Having considered the rival submissions and on perusal of the case diary,and considering the nature of offence this Court finds force with thecontentions raised by learned counsel for the applicant and further taking noteof the fact that the final conclusion of the trial is likely to take sufficient longtime, in the considered opinion of this Court, the applicant's applicationdeserves to be allowed.
Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees Twenty Five thousand) with one solvent surety of the like amount tothe satisfaction of the trial Court for his/her regular appearance before the trialCourt during trial with a condition that he / she shall remain present before thecourt concerned during trial and shall also abide by the conditions enumeratedunder Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
shivani
(SUBODH ABHYANKAR)V.JUDGE