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Judgment
10 paragraphs · 341 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.584/2022 registered at Police Station- Neemuch Kant, District- Neemuch (MP) for offence punishable under Sections 8/15 & 19 of Narcotic,Drugs &Psycrtopic Substances Act,1985. The applicant is in custody since 17.10.2022.
The allegation against the applicant is that he was found in possession of 13 kg. of Poppy Straw, which is less than the commercial quantity of 50 kg as prescribed under the provisions of law.
Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is lodged in jail since 17.10.2022 and the final conclusion of the trial is likely to take a long time. It is further submitted that no other criminal case registered against the applicant. Thus, it is submitted that the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that no other criminal case registered against the applicant.
On due consideration of rival submissions and perusal of the case-diary and taking note of the quantity seized from the applicant, this Court finds force with the contentions raised by the counsel for the applicant to allow the present application.
Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as 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, it shall become ineffective.
Certified copy, as per rules.