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Judgment
9 paragraphs · 329 wordsSubodh Abhyankar, J
They are are heard and perused the case diary.
2] This is the applicant’s second bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.71/2021 registered at Police Station-Ringnod, District-Ratlam (MP) for offence punishable under Sections 8/15, 29 of the N.D.P.S. Act. The applicant is in custody since 16.12.2023.
3] Applicant's earlier bail application-M.Cr.C.No.25436/2022 was allowed by this Court vide order dated 14.6.2022. However, after being released on bail, the applicant did not mark his presence before the trial court from 05.10.2023 to 16.12.2023.
4 ] Counsel for the applicant has submitted that the applicant was indisposed, and within two months' time, he has been arrested from his house, and there was no intention on the part of the applicant to evade the facts. It is further submitted that the applicant is lodged in jail since 16.12.2023 and the final conclusion of the trial is likely to take a long time. Thus, it is submitted that the applicant be released on bail.
5] Counsel for the State, on the other hand, has opposed the prayer.
6] On due consideration of the rival submissions and on perusal of the case diary, this Court finds force with the contention raised by the counsel for the applicant. Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
7 ] The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal Procedure Code, 1973.
Certified copy, as per rules.a
