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RAJEEV KUMAR SHRIVASTAVA
Brijesh @ Kalla – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 11/12/2021 in connection with Crime No.1055/2021 registered at Police Station Cantt. Guna, District Guna for offence under Section 8/20 of N.D.P.S. act.
It is submitted by learned counsel for applicant Brajesh @ Kalla that the allegation of recovery of 2 kg and 720 gm of ganja from the possession of the applicant is false. He has not committed any offence. He is in jail since last almost one month. Investigation and thereafter trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel opposed the bail application and prayed to reject the same.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the applicant, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of t
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
Search and seizer of ganja - Grant of Bail - Nature and gravity of offence and further considering the quantity of ganja, which is more than a small quantity but less than commercial quantity.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
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.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
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