VISHAL PATIDAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-6-17
HIGH COURT OF MADHYA PRADESH
Decided on June 22,2020

Vishal Patidar Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

ROHIT ARYA, J. - (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 04/02/2020 in connection with crime No. 17/2019 registered at Police Station S.T.F. Bhopal, Unit Indore for the offence punishable under Section 8/18 of the NDPS Act.
(2.)As per the prosecution story, the applicant was found to be in possession of 1 kg 550 gms. of opium while driving on motorcycle. Accordingly, case has been registered.
(3.)Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. Applicant has no criminal antecedents. He is in jail incarceration since 04/02/2020. Four months period has already passed by. The applicant is not required for further custodial interrogation. His further incarceration shall ruin his life and family. 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.


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