RAMKISHORE SAKET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 18.08.2020 in connection with Crime No. 340/2020 registered at Police Station- Gurh, District-Rewa (M.P.) for the offence punishable under Section 8/20 (Kha) of the NDPS Act.

(2.) As per prosecution case, on 18.08.2020, Police Officials Police Station Gurh, District Rewa received an information that applicant-accused is cultivating the plant of Cannabis (Ganja) thereafter, Police Officials reached at Village-Kariyajhar and seized seven plants of cannabis in the field of present applicant-accused. Present applicant-accused was arrested.

(3.) Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. He is 70 years old person. Applicant-accused is resident of Village Kapuri Baidolihan, Tahsil Churhat, Janpad Panchayat Rampur Naikin, District Sidhi, he is not resident of Village Kariyajhar, No plants of cannabis (ganja) has been seized from the possession of the present applicant-accused. He has no criminal antecedent. Applicant is in jail since 18.08.2020. Charge-sheet has been filed. There is no probability of his absconding or tampering with the evidence of the prosecution. It is the time of COVID-19 Pandemic due to which further proceeding in trial is withheld, so trial will take time for final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.