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Judgment
Subodh Abhyankar, J
They are heard. Perused the case-diary.
This is the first bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.36/2022
registered at Police Station Kannod, District Dewas, (MP) for offence punishable under Section 8/20 of N.D.P.S. Act. The applicant is in custody
since 30.01.2022.
The allegation against the applicant is that he was also involved in the aforesaid case wherein 900 grams of cannabis (Ganja) has been seized from the
possession of co-accused Dinesh.
Counsel for the applicant has submitted that co-accused Dinesh has already been granted bail by this Court in M.Cr.C. No.7374 of 2022 dated
11.02.2022 and so far as the present applicant is concerned, it is alleged that he sold the aforesaid contraband to the co-accused Dinesh. However,
there is no other material available on record to connect the applicant with the offence.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Having considered rival submissions and on perusal of the case-diary, this Court finds it expedient to allow the application.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on
bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (rupees one lakh) with one solvent surety of the like amount to the satisfaction of the
trial Court for his/her regular appearance before the trial Court during trial with a condition that he/ she shall remain present before the court
concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any of the criminal activities, after his / her release on bail, then the present bail order
shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.