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Judgment
Sujoy Paul, J
Since matters are arising out of same crime number and similar in nature, on the joint request, finally heard and decided by this common order.
These are the first bail applications under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.68/2021 registered at Police Station-
Barawada, District-Ratlamfor the offence punishable under Section 8/18, 29 & 25 of NDPS Act.
Applicant- Samrath is in custody since 24/04/201 and applicant Kamlesh is in custody since 27.05.2021.
Learned counsel for the applicants submits that main accused are Krishna Vallabh and Radheshyam from whom the objectionable substance (opium)
was recovered. This 470 grams of opium is recovered by main accused Krishna Vallabh and Radheshyam. On their memorandum prepared under
Section 27 of Evidence Act, the applicants have been arraigned. The said memorandum has no evidentiary value against the applicants. Applicants
have no criminal record. Challan has been filed. The conclusion of trial in this pandemic era will take time. Applicants may be enlarged on bail.
The prayer is opposed by the learned Panel Lawyer, but it was not disputed by Shri Garg that i) challan has been filed, ii) applicants are first offender,
iii) applicants' arraignment is based on aforesaid memorandum.
Considering the aforesaid and without expressing any conclusive opinion on the merits of the case, I deem it proper to enlarge the applicants on bail.
Accordingly, the bail applications are allowed.
Applicants-Samrath S/o Bherulal Gurjar and Kamlesh Balai S/o Gordhanlal Balai are directed to be released on bail on their furnishing personal bond
in the sum of Rs.3,00,000/-(Rupees Three Lacs only) each with separate solvent surety of the like amount to the satisfaction of the trial court for their
regular appearance before the trial court during trial with a condition that they shall remain present before the court concerned during trial and shall
also abide by the conditions enumerated under section 437(3) Cr.P.C.
With the aforesaid, the application stands disposed of.
Certified copy, as per rules.