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VIVEK AGARWAL
Sunil Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Agarwal, J. - This fourth bail application is filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.76/2022 registered at Police Station Civil Line, District Chhatarpur for the offence punishable under Section 8/20 of the Narcotic Drugs And Psychotropic Substances Act, 1985.
2. It is submitted by learned counsel for the applicant that the applicant is innocent. He is falsely implicated in this case. Earlier three bail applications have been dismissed by this Court as withdrawn. He is in custody since 3.2.2022.
3. Seizure witnesses have been examined. They have not supported the prosecution case and have turned hostile. Sub Inspector Rajkumar Yadav, Investigating Officer of the case, too has been examined. There are no changes of tempering with the evidence. 4.950 Kilogram of Cannabis has been recovered from the possession of the applicant. There is no criminal history of the applicant. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
4. Learned Government Advocate for the State, in his turn, opposes the bail application.
5. After hearing learned counsel for the
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.
Bail granted due to insufficient evidence and absence of prior criminal record.
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