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DINESH KUMAR PALIWAL
Aaditya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Dinesh Kumar Paliwal, J. - This second bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail pending the trial.
2. His first bail application was dismissed as withdrawn and not pressed with liberty to renew the prayer for bail after evidence of witnesses of seizure memo vide order dated 10.02.2023 passed in M.Cr.C. No.57211/2022.
3. The applicant is in custody since 13.09.2022 in connection with Crime No.391/2022, registered at P.S.-Mundi, District - Khandwa (M.P.) for the offence punishable under Sections 8/20, 29 of NDPS Act.
4. As per the prosecution story on 13.09.2022, 5 kg contraband Ganja (Cannabis) was seized from the joint possession of Vikram Thakur and Aaditya Thakur and since then they are in custody.
5. Learned counsel for the applicant submitted that applicant has not committed any offence. He is innocent. He has falsely been implicated in this case. No contraband was seized from his possession. Applicant is Labour. He has no criminal background. Even the witnesses of seizure memo and other panchnamas prepared by police have not supported the seizure of contraband from the possession of the
The court considered the lack of criminal antecedents, joint possession of contraband, and the applicant's role as the breadwinner for the family in granting bail under Section 439 of the Code of Cri....
Grant of bail - Search and seizer of contra bad Ganja - No antecedent of similar nature of offence - nature of allegation, quantity of contraband recovered from the possession.
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.
The court considered the quantity of contraband recovered and the implication based on the statement of another accused in granting bail to the applicant.
The court's decision to grant bail was based on the specific circumstances of the case, including the quantity of contraband recovered and the filing of the charge-sheet.
The decision to grant bail was based on the lack of incriminating evidence against the accused-applicant and the principle of parity with the main accused who had been enlarged on bail.
The court ruled that when the investigation is nearly complete and the accused has been in custody for a significant period, bail may be granted under reasonable conditions.
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