MUNNALAL YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 10/6/2023 in connection with Crime No.70/2023 registered at Police Station Sarai Chhola, District Morena for the offence punishable under Sec. 8/20 of NDPS Act. Prosecution story, in brief is that co-accused persons namely Surendra @ Sonu Yadav and Bholaram @ Bhola were found carrying 5 Kg 100 Grams of cannabis on a motorcycle bearing registration No.MP07-MW-2079 without having any valid license. During investigation, it was found that they purchased the aforesaid contraband from the applicant who was also involved in the crime.

(2.) Learned counsel for the applicant submits that both the above co-accused persons namely Surendra @ Sonu Yadav and Bholaram @ Bhola have already been enlarged on bail vide order dtd. 23/6/2023 passed by this Court in M.Cr.C.No.26185/2023. Admittedly the applicant has been implicated in the matter on the basis of memorandum statement of co-accused persons but nothing has been seized from his possession. The applicant has no criminal antecedents and has falsely been implicated in the matter. The applicant is in custody since 10/6/2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail. Learned counsel for the respondent/State has vehemently opposed the prayer.

(3.) Heard the learned counsel for both the parties. Having considered rival submission, material pointed out by the learned counsel for the applicant with regard to the evidence produced against him also considering the fact that nothing has been seized from the possession of the applicant, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.