Back
SATYENDRA KUMAR SINGH
Bhanwarlal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 15.01.2022 in connection with Crime No.319/2021 registered at Police Station Neemuch City, District Neemuch (M.P.) for commission of offence punishable under Sections 8/15, 29, 25 and 27-a of the NDPS act.
Prosecution story, in brief is that on 09.07.2021, police conducted a raid in the godown of co-accused Manish Tiwari situated at Tilak Nagar, Neemuch and found about 37 quintals of Poppy Straw without having any license or authority. The police seized the same from the possession of Gopal, Choukidar of co-accused Manish Tiwari. It is alleged that applicant assisted the co-accused persons in the aforesaid crime.
Learned counsel for the applicant submits that applicant has been made accused only on the basis of memorandum statement of Gopal recorded under Section 27 of the Indian Evidence act, which is not admissible in evidence. There is no legal evidence against the applicant. applicant is in custody since 15.01.2022. He submits that co-accused Devilal has been enlarged o
The principle of parity with co-accused and the requirement of legal evidence influenced the Court's decision in granting bail to the applicant.
The court has the discretion to grant bail to an accused under Section 439 of the Criminal Procedure Code, considering the facts and circumstances of the case, even if the accused is charged under th....
NDPS Act – Grant of Bail – Applicant not actively participant in offence – Contraband not recovered from his possession and having no criminal antecedent – Entitle for bail.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
