IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA th ON THE 9 OF MAY, 2023 MISC. CRIMINAL CASE No. 19720 of 2023 BETWEEN:-

YASMIN BEE W/O SHOHRAB KHA, AGED ABOUT 35 YEARS, OCCUPATION: HOUSE WIFE VILLAGE BORDA, TEHSIL JAORA, DISTRICT RATLAM (MADHYA 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)

.....RESPONDENTS (BY SHRI GAURAV SINGH CHOUHAN - DEPUTY GOVT. ADVOCATE_

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

ORDER

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

2 . As per the prosecution, on 09.10.2022, on receipt of a secret information, the Police party reached the house of co-accused Sonu @ Shohrabh and found two ladies involved in preparation of contraband which Signature Not Verified Signed by: JYOTI was recovered from them and was found to be 55 kg. 500 grams poppy straw. The applicant was one of them. The other co-accused ran away from the spot including the husband of the applicant and they have been arrested later on. On the basis of the recovery made from the applicant, she has been implicated and arrested for the present offence.

3 . Learned counsel for the applicant submits that applicant is innocent and has been falsely been implicated in the case. She is in custody since 09.10.2022 and is not having any criminal antecedents. Investigation has been completed and charge sheet has been filed hence no further custodial interrogation is required. The applicant is having two children to take care of who are suffering due to her incarceration. Her husband,who is a co-accused is also in custody. The trial shall take a long time for its conclusion. On such grounds, prayer for grant of bail to the applicant has been made.

4. The aforesaid prayer is opposed by counsel for the respondent/State submitting that in view of the allegations levelled against the applicant and she is not entitled to be released on bail.

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

6. The allegation against the applicant is of being in possession of 55 kg.

500 grams poppy straw along with the other co-accused. Investigation has been completed and charge sheet has been filed hence further custodial interrogation of the applicant is no longer required. She is a lady and is stated to be a mother of two children who are alone as her husband who is a co-accused is also in custody. She is not shown to be having any criminal antecedents and is in custody since 09.10.2022. The trial is likely to take time for its conclusion. Thus in my opinion, she is entitled to be released on bail.

Signature Not Verified Signed by: JYOTI

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.2,00,000/- (Rupees Two Lakhs) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that 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. 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 jyoti Signature Not Verified Signed by: JYOTI