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Judgment
21 paragraphs · 380 wordsThe matter is heard through video conferencing.
The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during
trial in connection with Crime No.15/2019 registered at Police Station- Puspal, District- Sukma (C.G.) for the offence punishable under Section 20 (b)
the N.D.P.S. Act.
Earlier, the first bail application of the applicant was dismissed as withdrawn vide order dated 17.11.2020 passed in MCRC No. 1496/2020 by this
Court.
The prosecution story, in brief is that, on 22.10.2019, on the basis of secret information, police personnel seized 22 KG of Ganja from the possession
of present applicant and 20.573 KG of Ganja from the possession of another accused person. Thereafter, offence has been registered against the
applicant and accused and they have been taken into custody.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits
that memorandum and seizure witnesses have not supported the prosecution case before the trial court and declared hostile. He next added that the
applicant is in jail since 22.10.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on
bail.
On the other hand, counsel for the State opposes the bail application.
I have heard learned counsel for the parties and perused the records.
Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that
memorandum and seizure witnesses have not supported the prosecution case before the trial court and declared hostile and the applicant is in jail since
22.10.2019, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail.
Accordingly, the application is allowed.
Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum
to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.