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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 172/2019 Registered at Police Station Kanwai District Baran for the offence(s) under Sections 8/15 of the N.D.P.S. Act. (in order under Section 8/15, 29 of NDPS Act).
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that petitioner has been arrested on the basis of information given by co-accused Surendra Kumar. Counsel further submits that co-accused Surendra Kumar has already been released on bail by Co-ordinate bench of this court vide order dated 30.09.2019 passed in SB Criminal Mic. Bail Application No. 12378/2019. Counsel further submits that contraband article has been recovered from the possession of co-accused Anil Gaur and Mahendra Suman. Counsel further submits that no other criminal case under the NDPS Act is pending against the petitioner.
Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application.
Considering the material on record and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.