Madhya Pradesh High Court
Indira Bai vs The State Of Madhya Pradesh on 17 November, 2017
1
M.Cr.C. No.22404/2017 (Indira Bai vs. State of M.P.)
M.Cr.C. No.22404/2017
(Indira Bai vs. The State of M.P.)
Indore, Dated: 17/11/2017
Shri Vikas Yadav learned counsel for the
petitioners.
Shri Bhuwan Deshmukh, learned Public
Prosecutor for the respondent / State.
This is an application under Section 439, Cr.P.C by petitioner- (Smt.) Indira Bai, who has been arrested by Police on 17/09/2017 in Crime No.127/2017, Police Station Singoli, District Neemuch, concerning offence(s) under Section(s) 8/21, 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Heard learned counsel for the parties and perused the case-diary.
Allegedly, on 15/09/2017, 35 grams of smack was recovered by police from one Nikesh. As per prosecution, Nikesh, on interrogation, revealed that he had procured the contraband from the petitioner. On the basis of this information petitioner-Indira Bai too was apprehended.
It is submitted by the learned counsel for the petitioner that accusation against the petitioner is solely based on the disclosure statement said to have been made by Nikesh and that there is no other connecting material 2 M.Cr.C. No.22404/2017 (Indira Bai vs. State of M.P.) against her.
Though the prayer for bail is opposed by the learned Public Prosecutor, however, considering the aforesaid facts and circumstances of the case , without further commenting on the merits of the case, it would be appropriate to enlarge the petitioner on bail.
Accordingly, the petition is hereby allowed and it is directed that on furnishing personal bond by the petitioner in the sum of Rs.40,000/- (Rupees forty thousand Only), with one solvent surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate / Judicial Magistrate First Class, she shall be released on bail, subject to the condition that she shall make herself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf.
Certified copy as per Rules.
(Ved Prakash Sharma) Judge sumathi Digitally signed by Sumati Jagadeesan Sumati DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Jagadeesan 2.5.4.20=c924c30fdbbbe5bd3576e03ddd 1b95d94f157e8aec842e0acdbeed50df87 856b, cn=Sumati Jagadeesan Date: 2017.11.20 10:29:45 +05'30'