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Judgment
15 paragraphs · 268 wordsVivek Rusia, J
This is first application for temporary bail filed under Section 439 of Cr.P.C. by the applicant â€" Ankit @ Atty S/o. Late Suresh, who has been
arrested by Police on 28.8.2020 in connection with Crime No.457/2020, Police Station Nagda, District Ujjain for the offence punishable under Section
8/20 and 29 of the Narcotic Drug & Psychotropic Substances Act.
The applicant has filed the present application for temporary bail for a period of one month on account of marriage of his sister on 26.1.2021 at
Ratlam.
Learned counsel for the applicant submits that the marriage programme is scheduled from 22.1.2021 to 27.1.2021 and the presence of the applicant
being a brother is necessary as per Hindu customs. She further argued that father of the petitioner is no more, hence the presence of the brother is
necessary to perform the rituals.
Nothing has been pleaded in the bail application about the family members, death of father, etc. Although the bail application has been filed on
21.1.2021 but today it has come up for hearing followed by two days' holidays and working day on 25.1.2021. During this period, it would be different
for the Advocate General Office to verify the factum of marriage and the presence of other family members. Even otherwise, from the conscious
possession of the applicant 2 Kg. 6 gms. cannabis has been recovered. He is already facing trial u/s. 25 of the arms Act. The co-accused Pintu @
Aman is still absconding. Looking to the seriousness of the offence, no case for grant of temporary bail is made out.
Accordingly, this M.Cr.C. is dismissed.
