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Judgment
10 paragraphs · 376 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.129/2023 registered at Police Station- Kotwali, District- Mandsaur (MP) for offence punishable under Sections 8/18, 29 of Narcotic, Drugs & Psychotropic Substances Act,1985. The applicant is in custody since 05-03-2023.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein 2.7 kg. of opium has been seized from the co- accused Ramchandra, who in his memo under Section 27 of the Evidence Act has stated that the present applicant was also involved in the said offence.
Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is lodged in jail since 5.3.2023 and the final conclusion of the trial is likely to take a long time. It is further submitted that no other criminal case registered against the applicant. Thus, it is submitted that the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that no other criminal case registered against the applicant.
On due consideration of rival submissions and perusal of the case-diary and taking note of the fact that the applicant has been implicated only on the basis of the memo prepared under Section 27 of the Evidence Act, this Court finds force with the contentions raised by the counsel for the applicant to allow the present application.
Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.