M. M. SUNDRESH, ARAVIND KUMAR
Dip Singh Gurjar – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER
1. Leave granted.
2. The appellant has been arraigned as an accused for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The appellant has been under incarceration for more than 1½ years. Only five witnesses out of twelve have been examined of which two of them turned hostile. There are no prior antecedents in which the appellant is involved.
4. Considering the above, we are inclined to set aside the impugned order and grant bail to the appellant.
5. Accordingly, the impugned order stands set aside and the appellant is granted bail subject to the terms and conditions that may be imposed by the Trial Court.
6. The appeal is allowed accordingly.
7. Pending application(s), if any, shall stand disposed of.
The court granted bail based on the lengthy incarceration of the appellant and insufficient witness examination, emphasizing the need for timely judicial proceedings.
Bail granted due to lack of criminal antecedents and prolonged incarceration.
The non-surrender of a co-accused who has been released on bail cannot be a valid ground to reject another accused's bail application under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic....
Grant of bail – An undeserving bail granted to a habitual drug offender can be cancelled.
The impugned order is unsustainable as it does not consider the statutory mandate of Section 37 of the NDPS Act.
Bail – Long period of incarceration as an undertrial prisoner is a valid ground to grant bail.
The court denies bail based on serious allegations and history of repeat offenses.
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