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Judgment
G.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 07.03.2021 in connection with Crime No.249/2021 registered by Police Station Cantt. District Guna for offence punishable under Sections 379, 414 of IPC and Section 4(A), 21(1) of Mines and Minerals Act, 1957 and Sections 3 and 4 of Prevention of Damages to the Public Property Act, 1984.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant was found in possession of 50 cubic meter of illegally excavated sand. The applicant has no criminal history.
Per contra, the application is opposed by the counsel for the State. It is submitted that 50 cubic meter of illegally excavated sand has been found in possession of the applicant and he had stored the same for the purpose of sale. The incidents of illegal excavation of sand are increasing day by day. The adverse effect of illegal excavation of sand on the ecological balance of the area has been taken note of by the Supreme Court in the case of Jayant Vs. State of MP by order dated 03.12.2020 passed in Criminal Appeal No. 824-825 of 2020.
At this stage, counsel for the applicant seeks permission of this Court to withdraw this application.
It is, accordingly, dismissed as withdrawn.