Single-paragraph order refusing bail to Ajaya Yadav under Section 439 Cr.P.C. The court noted the gravity of the NDPS charge involving 22kg+ of Ganja and the risk of absconding, leading to rejection of the bail prayer.
Prayer for bail under Section 439 Cr.P.C. was rejected.
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BLAPL No.10936 of 2019
This application under Sec. 439 Cr.P.C. has been made on 17.12.2019 by the petitioner, namely Ajaya Yadav in Boudh P.S. Case No. 300 of 2019 corresponding to C.T. Case No. 755 of 2019 under Sec. 20(b)(ii)(C) of NDPS Act.
Heard learned counsel for the petitioner and the learned Additional Standing Counsel.
Learned counsel for the petitioner submits that the seized Ganja is being 22kg 150gms, petitioner is in custody since 28.11.2019 and there is no chance of absconding.
Learned Additional Standing Counsel objects the bail stating that the Ganja was seized from the Innova Car of the petitioner. He also submits that investigation is under progress and chance of absconding writs large.
Regards being had to the nature and gravity of offence, chance of absconding, I am not inclined to extend the privilege of Section 439 Cr.P.C.
Accordingly, prayer for bail stands rejected.
………………………….
Dr.A.K.Mishra, J.
pks
2
3
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under Section 20(b)(ii)(C) of the NDPS Act for trafficking in 22kg 150gms of Ganja.
Whether the chance of the accused absconding justifies the refusal of bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Ajaya Yadav
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
