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Judgment
Satyendra Kumar Singh, J
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 07.07.2023 in connection with Crime No.457/2023 registered at Police Station Kotwali, District Datia (M.P.) for commission of offence punishable under Section 8/20 (Kha) of NDPS Act.
3 . Prosecution case, in brief, is that on 07.07.2023 the applicant was found having 1.2 Kg. of cannabis (Dry Ganja) for the purposes of sale without having any license.
4 . Learned counsel for the applicant submits that quarrel took place between the applicant's sister and other persons and they tried to outrage the modesty of the applicant's sister. Thereafter, the applicant's sister lodged an F.I.R. against the said persons. The said persons are pressurizing the applicant's sister to withdraw complaint, therefore, false and fabricated case has been registered against the applicant. The applicant is innocent and has falsely been implicated in the matter. He further submits that nothing has been seized from the possession of the applicant. The contraband said to be seized from the possession of the applicant is non-commercial quantity. The applicant is in custody since 07.07.2023. The applicant is a meritorious student. His custodial interrogation is no more required. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for the respondent/State opposes the application and submits that the applicant has one criminal case registered against him, therefore, he is not entitled for bail.
Heard the learned counsel for the parties.
Having considered the rival submissions, material pointed out by the learned counsel for the applicant, place of seizure, quantity of contraband said to be seized from the possession of the applicant which is non-commercial quantity, so also other facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.
1. It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This application is allowed and stands disposed of.
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