IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR st ON THE 1 OF JUNE, 2023 MISC. CRIMINAL CASE No. 22515 of 2023 BETWEEN:-

SOHRABH S/O RUSTAM KHA, AGED ABOUT 36 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BORDA, TEHSIL JAORA, DISTRICT RATLAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI A.K. SARASWAT - ADVOCATE )

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

.....RESPONDENTS (BY MS HARSHALATA SONI - 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. The 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 NDPS Act. The applicant is in custody since 23/01/2023.

As per the prosecution, on 09.10.2022 on receipt of a secret Signature Not Verified Signed by: AMOL information, the Police party reached the house of co-accused Sonu found two ladies involved in the preparation of contraband, which was 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.

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 23/01/2023 and the trial is likely to take time for its conclusion. Co-accused Chandan has already been granted bail by this Court vide order dated 02/05/2023 passed in MCRC no. 17495/2023 and case of the present applicant is identical to co-accused Chandan. On such grounds prayer for grant of bail to the applicant has been made.

The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting hat six criminal antecedents have been found registered against the applicant as well as in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

Signature Not Verified Signed by: AMOL I have heard the learned counsel for the parties and have perused the case diary.

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. The applicant is in custody since 23/01/2023. Trial is likely to take time for its conclusion. Co-accused Chandan has already been granted bail by this Court and case of the present applicant is identical to co-accused Chandan. Thus in my opinion, the applicant deserves to be enlarged on bail.

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 in 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 th