Citation : 2021 Latest Caselaw 8479 MP
Judgement Date : 8 December, 2021
THE HIGH COURT OF MADHYA PRADESH MCRC No. 57425/2021 (KARAN ADIWASI Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 08/12/2021
Shri Rajeev Budholiya, Counsel for applicant.
Ms. Kalpana Parmar, Counsel for State.
Case diary is available.
This is second application filed under Section 439 of Cr.P.C.
for grant of bail. The first bail application was dismissed by order
dated 14.07.2021 passed in M.Cr.C. No.32013/2021.
The applicant has been arrested on 24/03/2021 in connection
with Crime No.40/2021 registered at Police Station Dursada, District
Datia for offence under Section 8/20 of NDPS Act.
It is submitted by Counsel for the applicant that according to
the prosecution case, the applicant was found in possession of 27 kg
and 500 grams of ganja. The applicant has no criminal history. He is
in jail for the last more than eight months. The trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with prosecution case.
Per Contra, the application is vehemently opposed by Counsel
for State.
Heard the learned counsel for the parties.
Considering the period of detention and without commenting
on the merits of the case, the application is allowed. It is directed that
the applicant be released on bail on furnishing a personal bond in the
THE HIGH COURT OF MADHYA PRADESH MCRC No. 57425/2021 (KARAN ADIWASI Vs STATE OF MADHYA PRADESH)
sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the
like amount to the satisfaction of the Trial Court/Committal Court to
appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in
case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia) Judge
Aman AMAN TIWARI 2021.12.08 17:05:55 +05'30'
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