IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA nd ON THE 2 OF MAY, 2023 MISC. CRIMINAL CASE No. 17495 of 2023 BETWEEN:-

CHANDAN SINGH @ MANGAL SINGH S/O KASHMIR SINGH KATWAL, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST, R/O: VILLAGE TANOGA, POST DARINI SHAHPUR, DISTRICT: KANGRA (HIMACHAL PRADESH)

.....APPLICANT (BY SHRI ABHAY SARASWAT - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION INDUSTRIAL AREA JAORA DISTRICT RATLAM (MADHYA PRADESH)

.....RESPONDENT (BY SHRI GAURAV SINGH CHOUHAN - DEPUTY GOVERNMENT ADVOCATE)

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

ORDER

01. This is the first application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.619/2022 registered at Police Station Industrial Area, District Ratlam (MP) for offence punishable under Section 8/15, 29 of NDPS Act. The applicant is in custody since 09.10.2022.

02. As per the prosecution, on 09.10.2022 on receipt of a secret information the Police party reached the house of co-accused Sonu @ Sohrabh and found two ladies involved in the preparation of contraband which was Signature Not Verified Signed by: SHILPA recovered from them and was found to be 55 kg 500 grams poppy straw. The other accused ran away from the spot. Thereafter, the memorandum of co- accused was recorded under Section 27 of the Evidence Act from which it was found that the applicant is also involved in the process of manufacturing of the contraband without a valid license on the basis of which, he has been implicated and arrested for the present offence.

03. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Besides the memorandum of co-accused recorded under Section 27 of the Evidence Act, there is no other material on record against the applicant. No recovery has been made from him and there is no direct evidence against him. Investigation has been completed and charge-sheet has been filed hence further custodial interrogation of the applicant is no longer required. He is in custody since 09.10.2022 and the trial is likely to take time for its conclusion. On such grounds prayer for grant of bail to the applicant has been made.

04. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

05. I have heard the learned counsel for the parties and have perused the case diary.

06. The implication of the applicant appears to be primarily on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. No recovery has been made from him and there is no direct evidence connecting him with the present crime. Investigation has been completed and charge-sheet has been filed and the applicant is in custody since 09.10.2022 and Signature Not Verified Signed by: SHILPA the trial is likely to take time for its conclusion. Thus in my opinion, the applicant deserves to be enlarged on bail.

07. 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.1,00,000/- (Rupees One Lakh) with two solvent sureties out of which one shall be local surety 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.

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

Certified copy as per rules.

(PRANAY VERMA)

JUDGE Shilpa Signature Not Verified Signed by: SHILPA