AI Structured Summary
Not yet generated for this judgment
Judgment
Anjuli Palo, J
This is the second application filed by the applicant under Section 439 of the Cr.P.C. Earlier application M.Cr.C. No. 50507/2019 was dismissed as
withdrawn vide order dated 14.8.2020.
The applicant is in custody since 3.8.2019 in connection with Crime No.201/2019 registered at P.S. Khargapur, District Tikamgarh for the offence
punishable under Section 8/20, 46 of the NDPS Act.
As per prosecution case, about 170 plants of cannabis (about 160 Kgs.) is alleged to have been seized from the possession of the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is a first offender. He has no
criminal antecedents. The applicant is more than 75 years of age. He is in custody for last more than one year and trial would take considerable time
to conclude due to situation created by Covid-19 pandemic. In view of the above, the prayer is made to release the applicant on bail.
Learned Panel Lawyer opposed the application.
Considering the overall facts and circumstances of the case, quantity of contraband seized from the possession of the applicant and his custody period,
I deem it appropriate to release the applicant on, therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant Gola @ Gole Yadav shall be released on bail on his furnishing a personal bond in a sum of Rs.70,000/- (Rupees Seventy
Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such
dates as may be fixed in this regard during the pendency of trial.
It is made clear that if the applicant is found involved in similar offence in future, then this order shall become ineffective without further reference to
the Bench.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
With the aforesaid, the M.Cr.C. stands allowed and disposed of.