Madhya Pradesh High Court
Mukesh Kuri vs The State Of Madhya Pradesh on 17 February, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 17 th OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4559 of 2024
BETWEEN:-
MUKESH KURI S/O BANRAM KURI JAAT, AGED ABOUT
30 YEARS, OCCUPATION: LABOR R/O VILLAGE SIMRLA
JANGIR PS RINGUS DISTT. SIKAR (RAJ.) (RAJASTHAN)
.....APPLICANT
(SHRI KULDEEP DASHORA, LEARNED COUNSEL FOR THE PETITIONER
).
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION SINGOLI DISTT.
NEEMUCH (MADHYA PRADESH)
.....RESPONDENTS
( SHRI H.S.RATHORE APPEARING ON BEHALF OF ADVOCATE
GENERAL).
This application coming on for admission this day, the court passed the
following:
ORDER
Heard and perused the case diary.
This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to FIR/Crime No.195/2023 dated (not mentioned), registered at Police Station- Singroli, District Neemuch, for the offence under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act 1985. Applicant is in jail since 10.12.2024.
2. It is alleged that 35 kgs of Dodachura is said to be seized from the Signature Not Verified Signed by: VARSHA DUBEY Signing time: 18-02-2024 13:49:16 2 possession of the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He is having no previous criminal record. The applicant is in custody since 10.12.2024. Final conclusion of the trial will take sufficient long time, therefore, counsel for the applicant prays that the benefit of grant of bail be given to the applicant and he be enlarged on bail.
4 . O n the other hand, learned counsel for the State has opposed the prayer but has fairly admitted that the applicant is having no criminal record.
5. Having taken into consideration all the facts and circumstances of the case, I am inclined to release the applicant 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 applicant, stands allowed.
6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety 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 he shall remain present before the concerned Court on all the dates fixed by it during trial. The applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
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.
Signature Not Verified Signed by: VARSHA DUBEY Signing time: 18-02-2024 13:49:16 3(PREM NARAYAN SINGH) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 18-02-2024 13:49:16