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Judgment
10 paragraphs · 371 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. seeking bail by the applicant/accused, relating to FIR/Crime No.18/2023 dated (not mentioned) registered at Police Station Narcotic Cell, District Indore (M.P.) for commission of offence punishable under Sections 8/20 of the NDPS Act.
Prosecution story, in brief is that the intervening night of 21-22.10.2023, applicant was found in possession of 150 grams of Charas, without having any license or authority. The police had seized the aforesaid contraband from the possession of the applicant. The matter was reported against the applicant.
3 . Learned counsel for the applicant/accused person submits that the applicant has not committed the offence and he has falsely been implicated in the case. Applicant has no criminal past and is in custody since 21.10.2023. The seized contraband does not come under commercial quantity. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.
4 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.
Having considered the rival submissions and after perusal of the case diary so also looking to the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
It is directed that applicant- Sujal Kale shall be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One lac only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
With the aforesaid, this application is allowed and stand disposed of. Certified copy, as per Rules.