ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through video conferencing. 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 31/01/2020 in connection with crime No.17/2020 registered at P.S.Narcotic Cell, Indore Circle Mandsaur District Mandsaur for the offence punishable under sections 8/18 and 25 of the N.D.P.S.Act. As per prosecution case, the applicant was found in illegal possession of 1 kg opium.' Accordingly, case has been registered against the accused person.

(2.) 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 31/01/2020 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.

(3.) Learned Panel Lawyer opposes the bail application supporting the order impugned. At this stage, learned counsel for the applicant volunteers to deposit an amount of Rs.25,000./- (Rupees twenty five thousand only) in the office of Collector, District Mandsaur to be utilized for old age homes for providing clothing, food and other essential amenities required for old age people living in old age homes or orphans living in orphanage in the district. Upon hearing learned counsel for the parties but, without touching on merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 31/01/2020 and more than four months period has passed by, he has no criminal antecedents and not required for further custodial interrogation, and the possibility of delay in conclusion of trial cannot be ruled out, he is held entitled for enlargement on bail.