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Judgment
11 paragraphs · 358 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 30.10.2021 in connection with Crime No.798/2021 registered at Police Station Kotwali Guna, District Guna for offence under Sections 8/20, 29 of NDPS Act.
It is submitted by the counsel for the applicant that according to the prosecution case, three persons were traveling in a truck and were carrying 21 Kgs. of Ganja. It is true that the applicant is resident of Orissa. However, the applicant is in jail for the last more than six months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. In order to ensure his regular appearance before the Trial Court, the applicant is ready to furnish cash surety also.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that as per the police case diary, the applicant has no criminal antecedents.
In view of concessional statement made by the counsel for the applicant and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.4,00,000/- (Rupees Four Lacs Only) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
CC as per rules.