Babla @ Siddiqui vs The State Of Madhya Pradesh on 12 September, 2023

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Madhya Pradesh High Court

Babla @ Siddiqui vs The State Of Madhya Pradesh on 12 September, 2023

Bench: Prem Narayan Singh

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                            ON THE 12 th OF SEPTEMBER, 2023
                                        MISC. CRIMINAL CASE No. 40453 of 2023

                          BETWEEN:-
                          BABLA @ SIDDIQUI S/O HAJI MAJID, AGED ABOUT 48
                          YEAR S , OCCUPATION: LABOR R/O AHMED NAGAR
                          GALI NO. 3 CHIMANGANJ DISTT. UJJAIN (MADHYA
                          PRADESH)

                                                                                         .....APPLICANT
                          (SHRI ANOKHI LAL KHAROL, LEARNED COUNSEL FOR THE
                          PETITIONER ).

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION AZAD NAGAR
                          INDORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          ( MS.VINITA DWIVEDI GA APPEARING ON BEHALF OF ADVOCATE
                          GENERAL).

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

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No.331/2023, registered at Police Station-Anand Nagar, District-Indore, for the offence under Sections 8/21 of NDPS Act. The applicant is in custody since 16.06.2023.

2 . As per the prosecution story, on source information, the Police allegedly recovered 8.5 Grams of Brown Sugar from the possession of the Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/13/2023 12:01:25 PM 2 applicant.

3 . It is contended by the learned counsel for the applicant that the applicant is an innocent person and he has falsely been implicated in this case. The applicant is in custody since 16.06.2023 and the conclusion of trial will take considerable long time. Hence, the applicant may be enlarged on bail.

4. Learned counsel for the State opposed the prayer and prays for its rejection.

5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently, without commenting anything on the merits of the case, this first bail application u/s. 439 of Cr.P.C. filed on behalf of the applicant is allowed.

6. It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

C.C. as per rules.

(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 9/13/2023 12:01:25 PM

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