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
17 paragraphs · 305 wordsJ.P.Gupta, J
This is first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 21.10.2020 in connection
with Crime No. 425/2020 registered at p0lice station Bandol, District Seoni for the offence punishable under Sections 8/20 and 8/20 (Kha) of NDPS
Act.
As per prosecution story from the brother of the applicant 9.600 Kg cannabis was recovered and on the interrogation he stated that he along with the
applicant do the business of selling aforesaid contraband.
It is submitted that the applicant is innocent. He is in custody since 21.10.2020. Charge sheet has been filled. Trial will take time to conclude. He has
no criminal antecedent. Apart from it, he has been arrayed in this case only on the basis of the statement of co-accused which is not admissible at all,
even under Section 67 of the NDPS Act, therefore, against the applicant prosecution case is baseless. There is no likelihood of his absconding or
tampering with the witnesses. Hence, the applicant be enlarged on bail.
Learned P.L., opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties, facts and circumstances of the case, perusing the record, without commenting
anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this application is allowed. Applicant Somnath is directed to
be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- with a solvent surety in the like amount to the satisfaction of the trial
court for his appearance before the trial Court on the dates so fixed by that Court during trial.
It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.
Certified copy as per rules.