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Judgment
Nandita Dubey, J
This is the first bail application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicants apprehends their arrest in connection with Crime No.597/2020 registered at Police Station Gautam Nagar, District Bhopal for the offences punishable under Section 8/20 and 8/29 of the N.D.P.S. Act and Section 420 and 473 of IPC Act against applicant No.1 and Section 8/20 of NDPS Act against applicant No.2.
As per prosecution, on the basis of an information that three persons were standing near the auto carrying Ganja, a raid was conducted, on seeing the police party they ran away. It is stated that 61 kg. Ganja has been seized from the said auto.
Learned counsel for the applicants submits that the present applicants have been made accused on the basis of memorandum of the co-accused, wherein it was stated that they have purchased 4 Kg of Ganja. Seeking parity with the co-accused, who has already been enlarged on bail vide order dated 09.11.2021 in M.Cr.C. No.48802/2021, it is prayed that the present applicants may also be enlarged on bail.
Learned Panel Lawyer for the respondent/State has opposed the bail application.
Considering the fact that the applicants have been made accused only on the basis of memorandum of co-accused and other co-accused has already been enlarged on bail and on the ground of parity, this application is allowed.
It is directed that in the event of arrest, the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with surety in the like amount to the satisfaction of arresting officer. It is further directed that the applicants shall also comply with the provisions of Section 438(2) of Cr.P.C.
Certified copy as per rules.