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Judgment
J. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 22/12/2020 in connection with Crime No.808/2020 for offences registered under Sections 8/20 of NDPS Act, police station Kotwali,
Balaghat.
Allegation against the applicant/accused is that he was found in illegal possession of 1.368 kg cannabis.
Learned counsel for the applicant submitted that applicant is in custody since 22/12/2020. Charge sheet has been filed and trial will take time and there
is no likelihood of the applicant absconding or tampering with the evidence. Therefore he be released on bail.
Learned PL for the respondent/State has opposed the application and submitted that earlier against the applicant one offence of the same nature has
been registered. In the circumstance, the applicant has no right to get the benefit of bail.
Learned counsel for the applicant submitted that earlier only 40 gm cannabis was found in his possession.
At this stage, learned counsel for the applicant submitted that the applicant want to withdraw this application.
In view of this Court, this is not a fair practice to ask the court to permit for withdrawal of the bail application during dictation of the order. Hence this
prayer is rejected.
Having considered all facts and circumstances of the case, in view of this Court, the applicant is not entitled to get benefit of bail at this stage. Hence
the application is rejected. However it is directed that in case trial is not completed within 6 months from today, the applicant may file fresh application
for bail. Accordingly, this bail application is disposed of.
A copy of this order be sent to the trial court concerned for information.
Certified copy as per rules.