G. S. AHLUWALIA
Veeramchand – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 30.10.2021 in connection with Crime No.798/2021 registered at Police Station Kotwali Guna, District Guna for offence under Sections 8/20, 29 of NDPS act.
It is submitted by the counsel for the applicant that according to the prosecution case, 21 Kgs. of Ganja was seized from the truck of the applicant. It is submitted that in fact, three persons had taken lift from the applicant and they were carrying 21 Kgs. of Ganja. The applicant is not involved in commission of offence. However, in view of the allegations that those three persons had already informed the applicant about the fact that they are carrying Ganja and in view that that he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. Further, in the wake of ongoing Covid-19 pandemic he is ready and willing to contribute in monetary form for fighting against Covid-19 pandemic. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
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.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The court considered the prolonged pre-trial detention, the potential spread of COVID-19 in jails, and the lack of likelihood for the trial to conclude in the near future as grounds for granting bail....
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
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