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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
st
ON THE 31 OF JANUARY, 2024
MISC. CRIMINAL CASE No. 3545 of 2024
BETWEEN:-
1. MAMTA W/O PREMCHAND, AGED ABOUT 28
Y E A R S , OCCUPATION: HOUSEWIFE GALLA
KOTHAR, THATHIPUR, GIRD, GWALIOR
(MADHYA PRADESH)
2. SURAJ SIKARWAR S/O ASHOKSINGH, AGED
ABOUT 22 YEARS, OCCUPATION: LABOUR
GURUDWARA MOHALLA, MATA COLONY,
AMBAH MORENA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI AKASH RATHI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION SENDHWA
GRAMIN DIST. BARWANI (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AJAY GUPTA, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard and perused the record.
This is the first bail application filed on behalf of the applicants under
Section 439 of the Code of Criminal Procedure for grant of bail. The applicant
is arrested in relation to Crime No.825/2023, registered at Police Station
Sendhwa Gramin, District-Barwani for the offence under Section 8/20 of NDPS
Act. The applicants are in jail since 02.12.2023.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 1/31/2024
6:44:16 PM
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2. As per prosecution story, 8 kg ganja and 3 kg ganja have been seized
from the possession of applicants Suraj and Mamta respectively.
3 . Learned counsel for the applicants submits that the applicants are
innocent and have falsely been implicated in this case. Invetigation is over and
charge sheet has been filed. He further submits that there is no criminal case
registered against the applicants. The applicants are in jail since 02.12.2023 i.e.
almost two months is going to be completed. Final conclusion of trial will take a
sufficient long time. Under these circumstances, counsel prays for grant of bail
to the applicants.
4. On the other hand, learned Govt. Advocate for the State has opposed
and prayed for its rejection but fairly submitted that no criminal case has been
registered against the applicants.
5. After hearing learned counsel for the parties and looking t o the facts
and circumstances of the case and custody period, I am of the view that it is a
case, in which applicants may be released on bail. Consequently, without
commenting on the merits of the case, bail application under Section 439 of the
Code of Criminal Procedure for grant of bail filed on behalf of applicants,
stands allowed.
6. It is directed that applicants be released on bail on their furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each
with one solvent surety each 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 they shall remain present before the concerned Court on all the
dates fixed by it during trial. They shall abide by all the conditions enumerated
under Section 437(3) of Cr.P.C.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 1/31/2024
6:44:16 PM
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7. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(PREM NARAYAN SINGH)
JUDGE
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 1/31/2024
6:44:16 PM