BHAKTRAM TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application filed by the applicant/accused under Section 438 of Cr.P.C. for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No.79/2020 registered at Police Station- Gopalganj, District Panna (MP) for offences punishable under Sections 8 / 20 of NDPS Act.

(2.) As per prosecution story the allegation against the applicant is that three accused persons were found keeping possession of total 39 kg 200 gms ganja and carrying it in vehicle and when the police party surrounded the vehicle, the present applicant and another person, who was his son were standing close to the vehicle and after seeing the police party the present applicant along with his son run away and the co-accused persons disclosed the fact that the present applicant who ran away was negotiating for purchasing the contraband.

(3.) Learned counsel for the applicant submits that the applicant is innocent and police party arrayed him maliciously with intention to get money and in this regard the wife of the applicant has made complaint to the Superintendent of Police, Sagar and the present applicant has no criminal antecedent and by his arrest no purpose will be served except to tarnish his image and there is no likelihood of applicant absconding or tampering with the evidence. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant/accused be released on anticipatory bail