AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
19 paragraphs · 347 wordsVivek Rusia, J
This is first application under Section 439 Cr.P.C. by applicant, who has been arrested by Police on 16/07/2020 in Crime No.47/2020, Police
Station-Narcotic Cell, District-Indore concerning offence under Section 8/15 NDPS Act.
Heard learned counsel for the parties through video conferencing and perused the case diary.
As per prosecution story, police apprehended the present applicant and recovered 25 Kg. Poppy Straw from his possession without having any valid
license.
Learned counsel for the applicant submits that commercial quantity is more than 50 Kg. of Poppy Straw while from the possession of the applicant,
police seized only 25 Kg. of Poppy Straw. It is also argued that meanwhile there is no progress in trial and there is no possibility of resumption of trial
in near future. Investigation is complete and charge-sheet has been filed. There is no likelihood of early conclusion of the trial. He will not misuse the
liberty of bail. He, therefore, prayed for grant of bail to the applicant.
On the other hand, learned Panel Lawyer opposes the prayer for grant of bail.
I have perused the case-diary. Keeping in view the rival submissions of the parties and in the facts and circumstances of the case, without
commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac Only), with one solvent surety in the like amount to the satisfaction of trial Court for his appearance
before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the
conditions enumerated under Section 437 (3) of Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid
-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
C.C. as per rules.