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Judgment
10 paragraphs · 401 wordsGurpal Singh Ahluwalia, J
This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 25/07/2022 passed in MCRC No.36227/2022.
The applicant has been arrested on 06/02/2022 in connection with Crime No.70/2022 registered at Police Station Padav, District Gwalior for offence under Section 8/20 of NDPS Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant was found in possession of 20 kg and 300 grams of Ganja. The second bail application was dismissed by order dated 25/07/2022 passed in MCRC No.36227/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. The applicant is already in jail for more than seven months. It is further submitted that since the applicant belongs to Sitamani (Bihar), he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded by the counsel for the State that the case diary does not contain any criminal antecedents of the applicant.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,50,000/- (Rupees One Lac Fifty Thousand) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
CC as per rules.