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Judgment
22 paragraphs · 415 words@JUDGMENT-JUDGMENT
Proceedings of this matter have been taken-up through video conferencing.
The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail
during trial in connection with Crime No.97/2020, registered at Police Station Kumhari, Distt. Durg, for the offence punishable under Section 20(b) of
the Narcotic Drugs and Psychotropic Substances Act, 1985.
Case of the prosecution, in brief, is that 1.6 Kgs. of Ganja was recovered from the possession of the applicant without authority of law.
Learned counsel for the applicant submits that this is the first bail application filed on behalf of the applicant for grant of regular bail, the applicant
has not committed any offence, he has falsely been implicated in the case, the applicant has been arrested on 30-6-2020 and therefore, he may be
released on bail. He further submits that the quantity of Ganja seized from the applicant is more than small quantity.
On the other hand, learned counsel for the State opposes the bail application.
I have heard learned counsel appearing for the parties.
Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the applicant and the quantity
of Ganja seized from the applicant is slightly more than small quantity, I am of the opinion that present is a fit case in which the applicant should be
enlarged on regular bail.
Accordingly, the bail application filed under Section 439 of the CrPC is allowed. It is directed that on furnishing a personal bond in the sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the applicant shall be
released on bail.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by
the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23-3-2020 in the matter of In Re : Contagion
of COVID 19 Virus in Prisons (Suo Motu Writ Petition (C) No.1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished
shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished bail bonds earlier, then he will be
required to furnish bail bonds.