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Judgment
7 paragraphs · 346 wordsJ. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 06/06/2020 in connection with Crime No.180/2020 for offences registered under Sections 8/20 of NDPS Act, police station P.S Gurnor District Panna.
Allegation against the applicant/accused is that he was occupying land on which 10 plants of cannabis were found and the aforesaid cultivation was done without any authority.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 06/06/2020. Charge sheet has been filed and trial will take time. Further submitted that as per site map, it appears that the place is also accessable by other than applicant and there is no documentary evidence to prove the fact that the land was in occupation of the applicant and no witness has stated that the applicant was seen to cultivate or care the aforesaid plants and there is also possibility of growing aforesaid plants in natural way and the applicant has no knowledge about the plants and there is no likelihood of the applicant absconding or tampering with the evidence. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant/accused be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court the applicant's further custody is not warranted. Hence without commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Rambhuvan Mishra be released on bail on his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a 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 and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C
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