The court's decision to grant bail was based on the lack of material connecting the applicant with the alleged offence and the likelihood of a long trial, as well as the provisions of Section 439 of the Criminal Procedure Code, 1973.

JUDGMENT

Subodh Abhyankar, J. - Perused the case diary / challan papers.

2. This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.56/2023 registered at Police Station Sitamau, District-Mandsaur for offence punishable under Section 8/15, 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant is in custody since 16.03.2023.

3. Allegations against the applicant is that he was also involved in the aforesaid case wherein 5 quintals and 10 kgs of poppy straw has been seized from the possession of the co-accused Rajendra and Dinesh. Allegation against the applicant is that he provided the aforesaid contraband to one Mukesh from whom the main accused persons have purchased the poppy straw.

4. Counsel for the applicant has submitted that apart from the aforesaid involvement as mentioned by co-accused persons in their memo under Section 27 of the Evidence Act, there is nothing on record to connect the present applicant with the present crime. The final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out, however, it is not denied that apart from the aforesaid memo, there is no material available on the record to connect the applicant with the aforesaid offence.

6. Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed on certain strict terms.

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.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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. Certified copy as per rules.