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Judgment
13 paragraphs · 385 words@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
This is the third bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIR No. 184/2023, registered at Police Station-Samaan, District Rewa (M.P.) for the offence punishable under Sections 8, 21, 22 of NDPS Act and Section 5/13 of Drug Control Act.
Learned counsel appearing for the applicant submitted that applicant is a young boy aged about 19 years. One of independent seizure witness has been examined and he is hostile. Other independent witness namely Sanjay Tiwari has died. Applicant is in jail since 02.05.2023. In these circumstances, applicant may be released on bail.
Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that 28 bottles of cough syrup has been seized from the applicant. Quantity of narcotic substance seized from applicant is commercial in nature. In these circumstances, applicant may not be released on bail.
Heard the learned counsel for the parties.
Considering young age of applicant and fact that independent seizure witness is hostile and also taking into account the period of incarceration of applicant, bail application filed by the applicant is allowed.
It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.