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Judgment
15 paragraphs · 265 wordsThe present is a repeat application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 1.6.2017 in
connection with Crime No. 147/2017 registered at Police Station- Arjuni, District- Dhamtari, for the offence punishable under Section 20(B) of the
NDPS Act.
The earlier bail application stood dismissed as withdrawn on 24.11.2017.
Learned Counsel for the Applicant submits that all the witnesses have since been examined before the Trial Court and that there is no substantial
evidence which the prosecution could bring before the Court below and therefore the Applicant may be released on bail. He also prayed for grant of
bail on account of ill-health of father-in-law of the Applicant.
Learned Counsel for the State however opposes the bail application on the ground of gravity of the charges levelled, particularly the quantity of
contraband seized from the possession of the Applicant.
Considering the facts and circumstances of the case, particularly the fact that all the witnesses have been examined before the Court below and the
only proceeding left is for final hearing and judgment, it would not be justified at this juncture to consider the bail application when the case itself is at
the fag-end of the trial.
Considering the entire facts and circumstances of the case, this Court does not find any strong case made out for grant of bail at this juncture.
The application for grant of bail stands accordingly rejected. However, the Court below is directed to ensure that the trial be concluded at the
earliest.
