IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA ON THE 3^rd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 42203 of 2022 Between:-

AMAAN S/O SHAKIR KURESHI, AGED ABOUT 20 YEARS, OCCUPATION: CRAFTSMEN TOPKHANA MALWA STEEL KI GALI SAFI SETHI KI MULTI DISTRICT UJJAIN (MADHYA PRADESH)

.....PETITIONER (ASHISH GUPTA, LEARNED COUNSEL FOR THE PETITIONER .

)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CHINTAMAN DISTRICT UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (PROXY COUNSEL MUKESH KUMAWAT APPEARING ON BEHALF OF ADVOCATE GENERAL.

)

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

ORDER

With the consent, finally heard.

This is the repeat (second) application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.204/2021 registered at Police Station – Chintaman, District – Ujjain for the offences punishable under Section 8/21 and 29 of the Narcotic Drugs & Psychotropic Substances Act. The applicant in custody since 13.06.2021.

Signature Not Verified First application of the applicant was dismissed as withdrawn vide order dated 21.09.2021 passed in M.Cr.C. No. 45153 of 2021.

As per prosecution story, on 13.06.2021, on receiving discrete information, police found eight persons including the present applicant sitting under the bridge and when they were searched, from their possession 64 packets containing smack was recovered which they were going to distribute/sell to the customers. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that the contraband so recovered from possession of the present applicant is less than the commercial quantity. The quantity of contraband recovered from other accused persons was also less than the commercial quantity. The applicant is in jail since 13.06.2021. Co-accused Arshad Khan, Aman and Nanna alias Gourav have already been enlarged on bail by this Court vide orders dated 23.11.2021, 22.07.2022 and 18.08.2022 passed in M.Cr.C. No.48850/2021, M.Cr.C. No.

29888/2022 and M.Cr.C. No. 38810/2022. Hence, he may be enlarged on bail.

Learned Government Advocate for the respondent / State opposes the application.

Considering the facts and circumstances of the case and especially the fact that contraband so recovered from the present applicant is less than the commercial quantity, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before that Court during the pendency of trial. The applicant shall also abide by the conditions enumerated Signature Not Verified under Section 437(3) Cr.P.C.

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

Certified copy, as per Rules.

(VIVEK RUSIA)

JUDGE sh Signature Not Verified