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Judgment
9 paragraphs · 363 wordsPramod Kumar Agrawal, J
This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.310/2023 registered at Police Station- Sendari, District - Niwadi (M.P.) for the offence punishable under Section 8/20 of NDPS Act. Applicant is in detention since 30.08.2023.
2 . The case of prosecution in short, is that on 30.08.2023 the Police Station Sandari received an information from his informer regarding selling of illegal contraband. On receiving information surprised search was conducted and 1.300 k.g. Ganja has been seized from the possession of applicant.
3 . Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. The quantity of Ganja seized from the applicant is of minimum quantity. Charge sheet has been filed. The applicant is i n judicial custody since 30.08.2023 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.
On the other hand, learned counsel for the State has opposed the grant of bail to the applicant.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions 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 and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.