JUDGEMENT
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(1.) HEARD .
(2.) THE petitioner Aditya Manjhi has preferred this application under Section 439 of the Cr.P.c. for grant of bail. He is accused in Crime No. 197/2004, registered at Police Station, Pandri (Mova), District Raipur (C.G.), for
commission of offence punishable under Section 20 of the N.D.P.S. Act.
It is alleged that, the petitioner was found in possession of 9 kilograms
of Ganja. The same was recovered and seized from him.
Petitioner's contention is that, recovery has been made from an open
place. The quantity alleged is more than smaller quantity but lesser than
commercial quantity. He is permanent resident of M.P.V. 36, Thana Motu,
District Malkhangiri (Orissa). He is innocent. He has been falsely implicated
in this case.
Learned counsel for both the parties admit that the petitioner has no criminal antecedents.
Considering all the facts, the petition, filed under Section 439 of the
Cr.P.C, is allowed, and it is directed that, on furnishing a personal bond of
Rs. 30,000/- (Rupees Thirty Thousand) with two solvent sureties of the like
sum by the petitioner to the satisfaction of the concerned Court for his
appearance before the concerned Courts as and when directed, accompanied
with the following conditions, he be released on bail :-
1. He shall not commit any offence similar to the offence of which he is an accused. 2. He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 3. He shall not leave the State of Chhattisgarh without prior permission of the Court. Bail Granted.
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