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Judgment
9 paragraphs · 364 wordsG.S. Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 21.02.2022 passed in M.Cr.C. No.7766/2022 with liberty to the applicant to revive the prayer after undergoing some reasonable period of detention.
The applicant has been arrested on 12/11/2021 in connection with Crime No.899/2021 registered at Police Station Janakganj, District Gwalior for offence under Section 8, 20 of NDPS Act.
It is submitted by Counsel for applicant that first application of applicant was dismissed with liberty to the applicant to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, the applicant was arrested on 12.11.2021, as he was found in possession of 9 kg of ganja but the applicant is in jail for near about five months. He has no criminal history. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by the Counsel for the State. However, after going through the police case diary, it is fairly conceded that applicant has no criminal history.
Considering the period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Janakganj, District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.