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DEEPAK KUMAR AGARWAL
Nabab Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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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