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Judgment
8 paragraphs · 298 wordsPrem Narayan Singh, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No.1063/2023, registered at Police Station-Banganga, District-Indore, for the offence under Sections 8/21 of NDPS Act. The applicant is in custody since 17.03.2021.
2 . As per the prosecution story, on source information, the Police allegedly recovered 22 Grams of Brown Sugar from the joint possession of the applicant and co-accused persons.
3 . It is contended by the learned counsel for the applicant that the applicant is an innocent person and he has falsely been implicated in this case. The applicant0 is in custody since 17.03.2021 and the conclusion of trial will take considerable long time. Hence, the applicant may be enlarged on bail.
Learned counsel for the State opposed the prayer and prays for its rejection.
After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case in which applicant may be released on bail. Consequently, without commenting anything on the merits of the case, this first bail application u/s. 439 of Cr.P.C. filed on behalf of the applicant is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
C.C. as per rules.