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Judgment
12 paragraphs · 334 wordsDeepak 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 25.8.2021 by Police Station, Kumbhraj, District Guna, in connection with Crime No.211/2021 for the offence punishable under Sections 8/21, 29 of the NDPS Act.
As per prosecution case, on 14.8.2021 at 2.30 pm from the possession of accused Ramniwas 30 gms of smack was seized, for which he could not give any justification. He was arrested. In his statement under Section 27 of the Evidence Act, he told that he brought such smack from Rajasthan from applicant/accused Ranglal and wanted to sell said smack to Raj Kushwah resident of Biora. On his statement, applicant/accused was arrested on 25.8.2021.
Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 25.8.2021. He has been made accused only on the basis of memorandum of co-accused and except this, there is no evidence against him. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. 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 rejected.
Both the Advocates are heard. Case diary perused.
Looking to the facts and circumstances of the case, but without commenting on the 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 applicant furnishes 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.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
