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Dashrath Singh vs The State Of Madhya Pradesh
2025 Latest Caselaw 6583 MP

Citation : 2025 Latest Caselaw 6583 MP
Judgement Date : 26 May, 2025

Madhya Pradesh High Court

Dashrath Singh vs The State Of Madhya Pradesh on 26 May, 2025

Author: Prem Narayan Singh
Bench: Prem Narayan Singh
         NEUTRAL CITATION NO. 2025:MPHC-IND:13779




                                                                      1                               MCRC-21008-2025
                                         IN   THE    HIGH COURT OF MADHYA PRADESH
                                                            AT INDORE
                                                                BEFORE
                                               HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                            ON THE 26th OF MAY, 2025
                                                    MISC. CRIMINAL CASE No. 21008 of 2025
                                                             DASHRATH SINGH
                                                                  Versus
                                                      THE STATE OF MADHYA PRADESH
                           Appearance:
                                 Nilesh Dave - Advocate for the petitioner.
                                 Vishal Singh Panwar appearing on behalf of Advocate General.

                                                                       ORDER

Heard and perused the record.

This is VIIth bail application filed under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C, 1973) for grant of bail during trial relating to Crime No.224/2021 dated (not mentioned), registered at Police Station-Jeeran City District-Neemuch for the offence under Sections 8/15 and 29 of NDPS Act. The applicant is in custody since 26.08.2021. Earlier, earlier applications of the applicant were dismissed.

2. As per the prosecution story, 111KG poppy straw was recovered from possession of the applicant .

3. Learned counsel for the applicant submits that the applicant is innocent and has been

falsely implicated in the present crime. it is further submitted that the applicant is in custody since 26.08.2021 and has completed more than three years and eight moths. In support of his contention, he has placed reliance over a judgment of Hon'ble Apex Court in the case of Santosh Sahoo @ Santosh Saho vs. The Union of India passed in Special Leave to Appeal (Cri.) No.1737/2025 wherein the Hon'ble Apex Court has granted bail to the applicant therein for completion of one year and nine months of custody whereas the contraband of 88KG of Cannabis was recovered. Conclusion of trial will take sufficient long time. Under these

NEUTRAL CITATION NO. 2025:MPHC-IND:13779

2 MCRC-21008-2025 circumstances, counsel prays for grant of bail to the applicant.

4. Learned counsel for the State has opposed the application and prayed for its rejection by submitting that since, the commercial quantity is involved in the matter, the applicant is not entitled to be released on bail. However, he has admitted that the applicant is having no criminal record under the similar provisions of law.

5. I have heard the learned counsel for the parties and perused the record.

6. Looking to the facts and circumstances of the case, the rival submissions of the counsel for the parties, custody period of the applicant as well as the law laid down by Hon'ble Apex Court in the case of Santosh Sahoo (Supra), without commenting on the merits of the case, this application is allowed.

7. It is directed that the applicant be released on bail on his/her furnishing a personal bond in the sum of Rs.100,000/- (Rupees one lacs Only) with two solvent sureties of Rs.50000/- each

to the satisfaction of the trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

8. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

(PREM NARAYAN SINGH) V. JUDGE amit

 
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