ATUL SREEDHARAN,J. - (1.)This is the Second application under Sec. 439 of Cr.P.C. on behalf of the applicant, who is in custody since 23/7/2022, in connection with Crime No.127/2022, registered at Police Station- Mihona, District Bhind (M.P.) for the offence under Ss. 8/20, 29 of the NDPS Act.
(2.)At the very outset, learned counsel for the applicant has placed before this court the orders passed by it on 23/1/2023 in MCRC No.61284/2022 and MCRC No.574/2023 whereby the co-accused persons Banwai Parihar and Narayan Shukla were granted benefit of bail. The said co-accused persons, like the applicant herein were arrested on 23/7/2022. From Narayan Shukla 13.5 kilograms of Ganja and from Banwai Parihar 12.2 kilograms of Ganja were seized. They were granted bail because the said quantity was an intermediate quantity and therefore, the bar of Sec. 37 did not apply. The applicant herein likewise was arrested and from him 16.400 kilograms of Ganja was seized which is also an intermediate quantity. Therefore, on the ground of parity the application is allowed.
(3.)It is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.