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Judgment
16 paragraphs · 253 wordsB. K. Shrivastava, J
Heard on application filed on 25.09.2020 under Section 439 of the Cr.P.C. on behalf of applicant Hemraj Rai who was arrested on 14.12.2019 by
Crime Branch, Bhopal (M.P.) in connection with Crime No.206/2019, registered under Section 8/20 of N.D.P.S. Act
This is second application on behalf of the present applicant.
First application was dismissed as withdrawn on 24.06.2020.
In this case, 17 Kg 800 gm of Ganja was seized from the possession of the applicant when he was traveling in an Auto with Ganja. The auto-driver
Abdul Jubair was enlarged on bail by Court order dated 24.06.2020. At present, the applicant is confined in custody for more than one year.
Upon query, it is submitted by the State that as per case diary, this is the first offence against the applicant.
The applicant having no any criminal background, therefore, looking to the custody period, absence of criminal record, quantity seized and the present
situation arising out of COVID-19, without commenting on the merits of the case, the application is allowed.
It is ordered that the applicant Hemraj Rai shall be released on bail upon his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand Only)
and a personal bond of the same amount to the satisfaction of the trial Court.
At the time of releasing of releasing the applicant from custody, all necessary instructions issued by the Government related to COVID-19 shall also
be followed by the concerned Authorities.
Accordingly, the application stands allowed.
Certified copy as per rules.