High CourtsSingle Bench(2021) 03 MP CK 0147

Ashok Singh Sikarwar & Anr vs State Of M.P

Madhya Pradesh High Court · Decided on 23 March 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Petition No. 15871 Of 2021

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Judgment

9 paragraphs · 272 words

G.S.Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicants have been arrested on 05/03/2021 in connection with Crime No.100/2021, registered at Police Station Civil Line Morena, District Morena for offence under Section 8/20 of NDPS Act.

It is submitted by the counsel for the applicant that from the joint possession of the applicants, it is alleged that 1 kg. 150 grams of Ganja has been seized. The small quantity is 1 kg. The applicants are in jail from 05/03/2021 and had no criminal history. The trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is fairly conceded by the counsel for the State that there is nothing in the case diary to indicate the criminal antecedents of the applicants.

Heard the learned counsel for the parties.

Considering the small quantity is 1 kg and without commenting on the merits of the case, the application is allowed. It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) each with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.