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VIJAY KUMAR SHUKLA
Kalusingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 605/2022 registered at Police Station â' Dharampuri, Dist. Dhar (M.P.) under Sections 8/20 of NDPS Act.
2. The earlier bail application was dismissed as withdrawn.
3. Counsel for the applicant submits that the charge-sheet has been filed and as per the prosecution case, 1 Kg. 700 Grams Ganja has been recovered. It is submitted that the aforesaid quantity is less than the commercial quantity, the applicant is in jail since 16.12.2022 and the charge-sheet has been filed. Counsel for the State opposes the prayer for grant of bail, however, fairly submits that there is no criminal record of the applicant.
4. After hearing learned counsel for the parties and taking into consideration that the alleged seized quantity of contraband is less than the commercial quantity, the charge-sheet has already been filed and there is no criminal record, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
5. It is directed that applicant shall be
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.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The court considered the quantity of contraband seized and the completion of the investigation as key factors in granting bail to the applicant.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
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.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
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