ORDER

1. This is the first bail application under section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.12/2020 registered at Police Station Narcotics Cell Indore Prakosth, Neemuch (MP) for offence punishable under sections 8/15 of N.D.P.S. Act.

2. The applicant is in custody since 24.1.2020.

3. The allegation against the applicant is that he was also involved in the aforesaid case wherein 4 quintal of poppy straw has been seized from the possession of main accused persons, namely, Randhir and Mangilal. It is alleged that on their memos prepared under section 27 of the Evidence Act, Kalu was made an accused and Kalu also gave a memo under section 27 wherein he mentioned the name of Shyamlal and Shyamlal subsequently in his memo prepared under section 27 of the Evidence Act has mentioned the present applicant and co-accused Mohar Singh as the persons to whom this contraband was to be sold.

4. Counsel for the applicant has submitted that apart from the aforesaid memos, there is no other evidence and material available on record to connect the applicant with the offence. It is further submitted that co-accused Shyamlal and Mohar Singh have already been enlarged on bail vide order dated 16.3.2021 passed in M.Cr.C. No.15631/2021 and order dated 8.4.2021 passed in M.Cr.C. No.19785/2021, respectively.

5. Counsel for the respondent/State, on the other hand, has opposed the prayer. However, it is not denied that no other material is available on record except the 27 memo. It is further submitted that there are four more cases registered against the applicant under the N.D.P.S. Act and as such he doesn't deserves to be released on bail.

6. On due consideration of submissions, taking note of the fact that charge-sheet has already been filed in respect of other co-accused persons and similarly situated co-accused persons, namely, Shyamlal and Mohar Singh have already been released on bail and there is no other evidence available on record. So far as the criminal antecedent of the applicant is concerned, since in the present case no specific evidence has been brought on record, except 27 memo, this Court is inclined to accept the contentions raised by counsel for the applicant to allow the present application.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees three lakhs) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437 (3) Criminal Procedure Code, 1973.

8. Looking to the criminal antecedents of the applicant, it is also directed that the applicant shall mark his presence before the concerned police station on every Sunday between 2:00 to 4:00 PM.

9. It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.

10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.