LAWS(MPH)-2023-4-78

MANGILAL Vs. STATE OF MADHYA PRADESH

Decided On April 17, 2023
MANGILAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is the applicant's first bail application filed under Sec. 439 of Cr.P.C. The applicant is implicated in connection with Crime No.327/2019 registered at Police Station Sitamau, District-Mandsaur (MP) for offence punishable under Ss. 8/15, 25,29 of the NDPS Act. The applicant is in custody since 31/3/2023.

(2.) The allegation against the applicant is that he was also involved in the aforesaid case wherein 90 kg of poppy straw has been seized from the possession of co-accused Dilip.

(3.) Counsel for the applicant has submitted that the applicant has been implicated in the case on the basis of the memo prepared under Sec. 27 of the Evidence Act of co-accused Dilip in which, he has stated that the applicant was piloting of his vehicle and the co-accused Dilip has already been granted bail by this Court in M.Cr.C.No.11563/2023 dtd. 5/4/2023. It is further submitted that no other material available on record to connect the applicant with the offence. It is also submitted that the applicant is lodged in jail since 31/3/2022 and final conclusion of the trial is likely to take long time. Thus, it is submitted that the application be allowed.