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Judgment
10 paragraphs · 391 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.326/2023, Date:-(Not mentioned) registered at P.S.-Bistan, District- Khargone (M.P.) for commission of offence punishable under Sections 8/20 of the N.D.P.S. Act.
Prosecution story in brief is that, on 11.11.2023 after receiving secret information police proceeded towards farm land of applicant/accused Kushal@Kushiyal. At the time of search applicant was not found at the farm land. During search it reveals that the applicant had cultivated cannabis plant in the farm land. Police recovered 77 cannabis plant from applicant's farm land and accordingly case has been registered against him.
3 . Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. It is submitted that during search applicant was not present at the farm land. There is no evidence available on record that applicant is owner and possession holder of the farm land. Applicant has no criminal antecedents and he is in custody since 08.04.2024. Investigation is completed and charge sheet has been filed. Conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.
4 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and prays for rejection of the application.
5 . Having considered the submissions advanced from counsel for the parties, also considering the facts and circumstances, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, the application is allowed.
It is directed that the applicant- KUSHAL @ KUSHIYAL be released on bail upon his/her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
M.Cr.C. stands disposed of, accordingly.
C.c. as per rules.