NIRMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through video conferencing. This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 20.06.2020 in connection with Crime Case No.196/2020 registered at Police Station Narayangarh, District Mandsaur for the offence punishable under section 8 / 20 of NDPS Act.

(2.) As per prosecution story, the applicant and co-accused-Ritik were riding on motorcycle. They were intercepted at the point where they had purchased 1.750 kg Ganja from co-accused Jagdish on 20.06.2020. Accordingly, the case has been registered against the applicant. Investigation is complete though Challan has not been filed.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete though challan has not been filed. The applicant is in jail since 20.06.2020. He is not required for custodial investigation. The applicant is young person and sole bread earner of his family. His family is on the verge of starvation due to jail incarceration. Learned counsel for the applicant further submits that there are about 34 Covid-19 patients in Mandsaur Jail. Therefore, if the applicant is confined in the jail, he may suffer from Covid-19. Besides, due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.