ASHOK KUMAR Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 08/12/2019 by Police Station Basoda City, Distt. Vidisha (M.P.) in connection with Crime No.738/2019 registered for offence under Sections 8 read with Section 20(II)(c) of NDPS Act.

(2.) It is submitted by learned counsel for the applicant - Ashok Kumar @ Asharam Suryavanshi that the applicant has not committed any offence. He has falsely been implicated in the case. The applicant is in custody since 08/12/2019. Learned counsel for the applicant submits that the allegation of recovery of 121Kg Ganja from the joint possession of the present applicant and two other co-accused of this case is false. It is further submitted that there is no criminal antecedent of the present applicant. Investigation is complete and charge-sheet has been filed. It is also submitted that co-accused Durga Prasad has already been granted bail by this Court vide order dated 19/06/2020 passed in M.Cr.C. No.16313/2020. Hence, seeks parity with co- accused Durga Prasad and prays for grant of bail. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

(3.) Learned State counsel has vehemently opposed the prayer and has submitted that total 121Kg Ganja has been seized from the possession of the present applicant and two other co-accused. Hence, prayed to reject the bail application of the applicant.