GOLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. They are in jail since 25/4/2023 in connection with Crime No.286/2023 registered at P.S. - Aerodrome, Indore (M.P.) for commission of offence punishable under Sec. 8/21, 29 of NDPS Act.

(2.) As per the prosecution story, on 25/4/2023 police got discreet information regarding the illegal transportation of contraband. Acting upon the said information police party reached on the spot and intercepted a bike and jointly recovered 15 gram brown sugar from the possession of applicants. Accordingly a case has been registered.

(3.) Learned counsel for the applicants contended that applicants are innocent and they have been falsely implicated in this matter. They are in custody since 25/4/2023. Seized quantity of contraband from the possession of co-accused is a non commercial quantity. Investigation is almost over. There is no legal evidence available on record to connected the present applicants with the aforementioned offence. Co-accused Manoj has been enlarged on bail by this court vide order dtd. 16/6/2023 passed in M.Cr.C. No. 22938/2023 in similar circumstances. Final conclusion of trial will take considerable long time. Hence, he prays that applicants be released on bail.