High CourtsSingle Bench

Ankit @ Atty S/O. Late Suresh vs State Of M.P

Madhya Pradesh High Court · Decided on 22 January 2021 · Citation: (2021) 01 MP CK 0091

HON’BLE JUDGES
Vivek Rusia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20, 29 · Arms Act, 1959 — Section 25
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.3963 Of 2021
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Judgment

15 paragraphs · 268 words

Vivek 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.