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Judgment
13 paragraphs · 457 words’
Satyendra Kumar Singh, J
Case diary is available.
This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 20.5.2023 in connection with Crime No.294/2023 registered at Police Station Karera, District Shivpuri for offence punishable under Section 8/21 of NDPS Act.
Applicant's first application filed under Section 439 of Cr.P.C. was dismissed as withdrawn vide order dated 22.6.2023 passed in M.Cr.C.No.26308/2023 with liberty to file afresh after filing of charge sheet.
Prosecution story, in brief is that on 20.5.2023 after receiving a secret information, complainant Sub Inspector Kuldeep Singh along with other police officials and witnesses went to the informed place and found that the applicant was carrying 50 Gms. of smack on a motorcycle bearing Registration No.UP70-GH-8701 for the purposes of sale.
Learned counsel for the applicant submits that after dismissal of his earlier bail application, after completion of investigation charge sheet has been filed. Nothing has been seized from the possession of the applicant. The contraband said to be seized from the possession of the applicant is not commercial quantity. Applicant has no criminal past with regard to NDPS Act. The applicant is in custody since 20.5.2023. The charge sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.
Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant has a criminal antecedents and about 03 other criminal cases are registered against him but he fairly conceded that none of them are registered under NDPS Act.
Heard the learned counsel for both the parties.
Having considered the rival submission, material pointed out by the learned counsel for the applicant, quantity of the contraband said to be seized from the possession of the applicant which is non commercial quantity so also the fact that investigation has been completed, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.
It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.
This application is allowed and stands disposed of.
Certified copy, as per Rules.