Bablu vs The State Of Madhya Pradesh
2023 Latest Caselaw 1497 MP

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                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 25 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 2696 of 2023

                           BETWEEN:-
                           BABLU S/O OMKAAR KAMLE, AGED ABOUT 35 YEARS,
                           OCCUPATION: LABOURER 49, BADI AMAR PALACE,
                           RAJENDRA NAGAR, INDORE (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (BY SHRI KAMLESH GOSAR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BHAWARKUAN
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           ( BY SHRI SANTOSH SINGH THAKUR - DEPUTY GOVERNMENT
                           ADVOCATE)


                                 This application coming on for hearing this day, the court passed the
                           following:
                                                             ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 8.12.2022 in connection with Crime No. 1232/2022 registered at P.S. - Bhawarkunwa Indore District Indore (M.P.) for commission of offence punishable under Section 8/20 and 29 of NDPS Act.

As per the prosecution story, on 8.12.2022 police received discrete information from the informant regarding illegal transportation of contraband, Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-01-2023 19:31:36

acting upon said information police party reached on the spot and saw two persons (including applicant) in a motorcycle bearing registration No. MP-09- ZH-0679. Police party stopped the vehicle and during search 2 kg 500 gram of Ganja kept in a bag which was laden on the back of the present applicant. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 8.12.2022, investigation is almost over, co-accused Roshan and Rajendra have been enlarged on bail vide orders dated 21.12.2022 and 24.12.2022 passed by 13th Additional Sessions Judge Indore in similar circumstances. The applicant

is permanent resident of District Indore. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that 5 criminal cases have been found against the applicant.

In reply, counsel for applicant submits that applicant has been convicted in all five cases and copy of judgments have been filed with this bail application.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that seized quantity of contraband is below than the commercial quantity, therefore no bar under section 37 of NDPS Act is attracted in this case, investigation is almost over, co-accused Roshan and Rajendra have been enlarged on bail by the trial court and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-01-2023 19:31:36

bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs. 1,50,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 25-01-2023 19:31:36