GOLU SEN 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. His first application was dismissed as withdrawn on 01/07/2020 passed in M.Cr.C. No.20111/2020 with liberty to revive the prayer after four weeks. The applicant is in custody since 21/03/2020 in connection with Crime Case No. 85/2020 registered at Police Station Susner, District-Agar Malawa for the offence punishable under Sections 8 / 20 and 29 of NDPS Act.

(2.) As per the prosecution case, the applicant was found to be in joint possession of 14 kg of Ganja alongwith two more co-accused persons. Investigation is complete. Challan has 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 and challan has been filed. The applicant is in jail incarceration since 21/03/2020. He is not required for further custodial interrogation. This Court may considered enlargement of the applicant on bail for the reason that the applicant has no criminal antecedents and in the light of the liberty granted by this Court while allowing his first application on 01/07/2020. He is the sole bread earner of the family and the family is under difficult phase of life due to his jail incarceration. 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.