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Judgment
Nandita Dubey, J
The applicant has filed this repeat (2nd) bail application under Section 439 of Cr.P.C. His first bail application was dismissed as withdrawn vide order dated 02.3.2021 in M.Cr.C. No.50102/2020.
The applicant is in custody since 16.10.2020 in connection with Crime No.597/2020 registered at Police Station Gautam Nagar, District Bhopal for the offences punishable under Section 8/20 of the N.D.P.S. Act.
As per prosecution, on the basis of an information that three persons were standing near the auto carrying Ganja, a raid was conducted, on seeing the police party they ran away. It is stated that 61 kg. Ganja has been seized from the said auto.
Learned counsel for the applicant submits that the present applicant has been falsely implicated. It is stated that he is in custody since last more than a year and only one witness has been examined, who has turned hostile. It is stated that the other co-accused has been enlarged on bail by this Court on 09.11.2021 in M.Cr.C. No.21720/2021 and prays that on the ground of parity, the present applicant may also be enlarged on bail.
Learned Panel Lawyer for the respondent/State has opposed the bail application.
Looking to the facts and circumstances of the case and the fact that only single witness has been examined till date, and there there is no possibility of early conclusion of the trial and on the ground of parity, this application is allowed.
It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.
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