✦ Madhya Pradesh High Court

UNION OF INDIA CBN INDORE (MADHYA PRADESH) v. This application coming on for admission this day, the court passed

Criminal Case No. 27412 of 2023SUBODH ABHYANKAR2 min read

Case at a glance

Bench
SUBODH ABHYANKAR

Outcome

Bail granted

it is prayed that the application be allowed and the applicant be released on bail

Judgment

(SHRI ABHISHEK RATHORE, ADVOCATE) AND UNION OF INDIA CBN INDORE (MADHYA PRADESH) .....APPLICANT (SHRI MANOJ KUMAR SONI,ADVOCATE FOR CBN) This application coming on for admission this day, the court passed .....RESPONDENT the following: They are heard. Perused the case diary / challan papers. ORDER This is the SECOND bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.02/2022 registered at Police Station:CBN, District Indore (MP) f o r offence punishable under Section 8/18 &29 of Narcotic Drugs and Psychotropic Substances Act, 1885. The applicant is in custody since

Operative part

18.04.2023. His earlier application bail application was rejected by the coordinate Bench of this Court on merits vide order dated 25.05.2023 passed in Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 05-Jul-23 2:25:08 PM MCRC.No.19484/2023. 2 Counsel for the applicant submits that subsequently the charge sheet has already been filed. The applicant is lodged in jail since 18.04.2023. and the final conclusion of the trial is likely to take sufficient long time. It is also submitted that there is no material evidence to prescribe for the offence as the quantity of contraband was 01.835 gram which has been seized from the possession of co-accused Shamshersingh and the applicant has been arraigned as accused only on the basis of memo prepared under Section 67 of the NDPS Act. Hence, it is prayed that the application be allowed and the applicant be released on bail. Counsel for the respondent, on the other hand, has opposed the prayer. However, it is not denied that the quantity of contraband seized was less than the commercial quantity. Having considered the rival submissions and on perusal of the case- diary, and considering the fact that at the time when earlier bail application of the applicant was rejected by the coordinate Bench of this Court in MCRC.No.19484/2023 vide order dated 25.05.2023, the charge sheet was not filed and now the charge sheet has been filed and the final conclusion of the trial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 05-Jul-23 2:25:08 PM 3 (SUBODH ABHYANKAR) JUDGE Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 05-Jul-23 2:25:08 PM

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: it is prayed that the application be allowed and the applicant be released on bail

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 437(3), 439; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8, 18, 29, 67.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Madhya Pradesh High Court or eCourts case status (search case no. Criminal Case No. 27412 of 2023). ← Search more judgments