AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 447 words@JUDGEMENTTAG-JUDGMENT
Prakash Chandra Gupta, J
Heard with the aid of case diary.
This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, relating to FIR/Crime No.443/2023, Dated :- not mentioned, registered at P.S. - Kasrawad, District - Khargone (M.P.) for commission of offence punishable under Section 8/20 of NDPS Act. The first bail application was dismissed as withdrawn vide order dated 16.02.2024 passed in M.Cr.C. No.55498/2023.
Prosecution story, in brief, is that on 01.10.2023, it was found that the applicant was cultivating Cannabis plants in his agricultural land without having any license or authority. The Police had seized 32 plants of Cannabis from farmland of the applicant. Accordingly, a crime was registered against him.
Learned counsel for the applicant/accused persons submits that the applicant has not committed the offence and has falsely been implicated in the case. It is submitted that first bail application of the applicant was dismissed as withdrawn vide order dated 16.02.2024 passed in M.Cr.C. No.55498/2023 with liberty to file a fresh application after completion of six months actual custody period. He is in custody since 01.10.2023.
It is submitted that applicant has completed incarceration of more than six months. Accused Kunwarsingh has no criminal antecedents likewise this offence. Investigation is completed and charge-sheet has been filed. Conclusion of trial will considerable long time for its disposal. Therefore, it is prayed that the accused person be released on bail.
On other hand, learned counsel State/non-applicant has objected the prayer and prayed for its rejection.
Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case and custody period of the applicant coupled with the fact that applicant has no criminal antecedents likewise this offence, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
It is directed that applicant - Kunwarsingh shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.