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Judgment
Heard, case-diary perused.
This is first application under Section 439, Cr.P.C for grant of bail in connection with Crime No.174/2018, registered at police stationâ€" Chandan
Nagar, District-Indore, concerning offence under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985.As per prosecution
case, on 05/03/2018, 500 gms of cannabis (ganja) has been recovered from the possession of the present applicant. Total quantity of 2.50 kgs of
cannabis (ganja) has been recovered from applicant and other three co-accused persons, who were travelling in Indica Vista Car bearing Registration
No.MP-09-CK-351.
Learned counsel for the applicant submits that applicant is innocent and has not committed any offence.  The applicant is in custody since
05/03/2018. After investigation charge sheet has been filed. It is further submitted that only small quantity of cannabis (ganja) has been recovered
from applicant's possession. There is no apprehension of applicant running away from the course of justice or tampering of the evidence, if released
on bail. Co-accused Bane Singh and Kapil have been enlarged on bail by this Court vide order dated 01/05/2018 and 24/04/2018 passed in M.Cr.C.
No.14479/2018 and M.Cr.C. no.15636/2018, respectively, therefore, on the ground of parity also the applicant deserves to be enlarged on bail. Under
these circumstances, counsel prays for grant of bail to the applicant.
Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant
be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but 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 on his furnishing a personal bond
in the sum of Rs.50,000/-(Rupees fifty thousand only), with two local sureties each in the like amount to the satisfaction of trial Court, for his regular
appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide
by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order will remain operative subject to compliance of the following conditions:
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant will cooperate in the investigation/trial, as the case may be;
The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will mark his presence at PoliceStation-Chandan Nagar, District â€" Indore once in a month till the trial is completed.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.