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
9 paragraphs · 368 wordsAnil Verma, J
Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 30.5.2022 in connection with Crime No. 91/2022 registered at P.S. - Kayatha District Ujjain (M.P.) for commission of offence punishable under Section 8/20, 8/29 of NDPS Act.
As per the prosecution story, on 22.5.2022 police received discrete information from the informer. Act upon said information, police party reached on the spot and intercepted the motorcycle. On search by the police, 3 kg 200 gram of cannabis (ganja) has been recovered from the possession of co-accused. On the basis of statement given by co-accused person, the present applicant has been implicated in this offence.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. He has been made accused in this offence only on the basis of memorandum given by co-accused but nothing has been recvered from possession of applicant. He is a permanent resident of District Ujain. Final conclusion of trial will take considerable long time. Hence, he prays that the applicant be released on bail.
Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.
Perused the case diary as well as the impugned order of the court below.
Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 30.5.2022, investigation is over and and therefore, no further custodial interrogation is required, applicant has been made accused only on the basis of memorandum given by co-accused under section 27 of Evidence Act, I deem it proper to release the applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.