IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(@ Special Leave Petition (Crl.) No. 16606/2023 )
AJAY …APPELLANT(S)
VERSUS
THE STATE OF MADHYA PRADESH .RESPONDENT(S)
O R D E R
Leave granted.
Being aggrieved by the dismissal of Misc. Criminal Case No.28424/2023 by the High Court of Madhya Pradesh, Bench at Indore vide order dated 12.09.2023, declining to grant bail under Section 439 of the of the Code of Criminal Procedure, 1973 (CrPC), the appellant has assailed the said order in this appeal.
We have heard learned counsel for the appellant and learned counsel for the respondent. During the course of submissions, it was brought to our notice by learned counsel for the respective parties that there was no recovery of the contraband substance from the appellant herein, however, the motorcycle on which the other two co-accused were proceeding and from whom the substance was actually recovered, belong to the appellant herein. In the circumstances, Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) has been invoked as against the appellant herein.

Having regard to the fact that the trial is in progress and noting the fact that no recovery as such was made from the appellant and only on the fact that the appellants motorcycle was being used by the other two co-accused, we find that at this stage, bearing in mind that the appellant has been in custody since 12.04.2022, a case is made out for grant of bail to the appellant.

In the circumstances, the impugned order is set aside. The appellant is directed to be released on bail subject, however, to the terms and conditions to be imposed by the concerned Trial Court. The present Appeal is allowed and disposed of in the aforesaid terms.
[ B.V. NAGARATHNA ]
[ AUGUSTINE GEORGE MASIH ]
NEW DELHI
JANUARY 29, 2024

ITEM NO.6 COURT NO.12 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 16606/2023
(Arising out of impugned final judgment and order dated 12-09-2023
in MCRC No. 28424/2023 passed by the High Court of M.P at Indore)
AJAY Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(IA No. 264984/2023 – EXEMPTION FROM FILING O.T.)

Date : 29-01-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Petitioner(s) Mr. Arjun Garg, AOR
Mr. Prakaram Singh, Adv.
Mr. Aakash Nandolia, Adv.
Ms. Sagun Srivastava, Adv.

For Respondent(s) Mr. Pashupathi Nath Razdan, AOR
Mr. Ankit Mishra, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Argha Roy, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The present Appeal is allowed and disposed of in terms of the signed order.
The appellant is directed to be released on bail subject, however, to the terms and conditions to be imposed by the concerned Trial Court. Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (MALEKAR NAGARAJ)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)