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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Nabab Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60438 of 2022
Decided On : 21-12-2022
Bail Application - NDPS Act - The court allowed the bail application under Section 439 Cr.P.C, ordering the release of the applicant on bail upon furnishing cash surety and bail bond, with the condition of presenting during trial.
Fact of the Case:
The applicant was arrested for cultivating cannabis and possession of cannabis (Ganja). Charge-sheet has been filed, and the applicant sought bail, claiming innocence and willingness to cooperate in trial.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application, considering the facts and circumstances, and ordered the release of the applicant on bail upon fulfilling specified conditions.
Issues: Bail application under Section 439 Cr.P.C
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to grant bail, emphasizing the need for the applicant to cooperate in trial and present before the trial court on each date.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon fulfilling specified conditions.
JUDGMENT
Deepak Kumar Agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 9.10.2022 by police Station, Sesaipura, Distt. Shoepur, in connection with crime No.55/2022 for the offence punishable under Section 8/20 of the NDPS Act.
3. As per prosecution story, on 9.10.2022 applicant was found cultivating cannabis. Two plaints of cannabis (Ganja) have been seized weighing 5 kg 200 gm.He was arrested. After investigation, charge-sheet has been filed.
4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 9.10.2022. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State opposed the application and prayed for its rejection.
6. Both the Advocates are heard. Case diary perused.
7. Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
8. He will present during trial before the trial Court on each and every date.
9. In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
Granting bail under Section 439 Cr.P.C based on the facts and circumstances of the case and the willingness of the applicant to cooperate in trial.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail under Section 439 of CrPC, considering the circumstances and without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
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