High CourtsSingle Bench

Nabab Singh Yadav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 December 2022 · Citation: (2022) 12 MP CK 0127

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 20 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.60438 Of 2022
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Judgment

13 paragraphs · 281 words

Deepak Kumar Agarwal, J

This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 9.10.2022 by police Station, Sesaipura, Distt. Shoepur, in connection with crime No.55/2022 for the offence punishable under Section 8/20 of the NDPS Act.

As per prosecution story, on 9.10.2022 applicant was found cultivating cannabis. Two plaints of cannabis (Ganja) have been seized weighing 5 kg 200 gm.He was arrested. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 9.10.2022. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.