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SUBODH ABHYANKAR
Kalusingh @ Karusingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard and perused the case diary.
This is the applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.674/2021 registered at Police Station-Sitamau, District- Mandsaur (MP) for offence punishable under Sections 8/15, 25,29 of the N.D.P.S.act. The applicant is in custody since 25.1.2022.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein 3 quintal 60 kg. Poppy Straw has been seized from a Bolero Tanker vehicle bearing registration No. MP-12-Ga-1093 which has been driven by co-accused Harpal Singh. In the memo prepared at the instance of co-accused Harpal Singh the name of the present applicant has come up, is the person who was provided the contraband.
Counsel for the applicant has submitted that apart from the aforesaid memo and the memo prepared under Section 27 of the Evidence act at the present applicant, there is no other material available on record. Counsel has submitted that even the CDR which is available on record in respect of the applicant's conversation with the person to whom the contraband was made delivered to accu
The court's decision to grant bail was based on the lack of material connecting the applicant with the alleged offence and the likelihood of a long trial, as well as the provisions of Section 439 of ....
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court considered the filing of the charge sheet and the precedent of granting bail to co-accused persons under similar circumstances in allowing the bail application.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
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