DILIP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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 23/01/2020 in connection with crime No.13/2020 registered at P..S.Narcotic Cell, Indore Circle Neemuch for the offence punishable under sections 8 / 18 of the N.D.P.S.Act.

(2.) As per prosecution case, the applicant was found in illegal possession of 1 kg 300 gms., opium.' Accordingly, case has been registered against the accused person.

(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 has no criminal antecedents. The applicant is not required for further custodial interrogation. The applicant is sole bread earner in the family. He is in jail incarceration since 23/01/2020 and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. 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.