NILESH GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 04.12.2019 in connection with Crime Case No. 389/2019 registered at Police Station Tilak Nagar District Indore for the offence punishable under section 8 / 20 of NDPS Act. His first application was dismissed as withdrawn by order dated 21.01.2020 passed in M.Cr.C. No.857/2020.

(2.) A s per prosecution story, on information from the informant police party intercepted the applicant and co-accused Deepak who were riding on the motorcycle belonging to the present applicant. 1 kg 700 grams of ganja was recovered from the co-accused without any license. Accordingly, the case has been registered against the applicant.

(3.) Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The investigation is complete and challan has been filed. The applicant is in jail incarceration since 04.12.2020. Applicant is a student aged 19 years and in the company of hardened criminal in jail, his future will be spoiled. The applicant has no criminal antecedents. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.