ANKIT SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this second application u/S. 439 Cr.P.C. for grant of bail. The applicant has been arrested on 21.08.2020 by Police Station Kailaras, District Morena (M.P.) in connection with Crime No. 376/2020 registered in relation to the offence punishable u/S. 8/20 of NDPS Act.

(2.) It is alleged by the counsel for the applicant that the first bail application was dismissed as withdrawn by this Court vide order dated 10.03.2021 passed in M.Cr.C. No. 11731/2021. The applicant is in custody since 21.08.2020. The investigation is over and the charge has been filed in the matter. It is submitted that now the custody period is almost more than about nine months. As far as the criminal history is concerned, the applicant has already been acquitted in one case registered at Crime No. 262/2016 and the other cases are pending consideration. There is recovery of 1 kg 125 gram of contraband article Ganja/has been shown from the possession of the present applicant which is slightly above the minimum quantity but very much less of commercial quantity. It is prayed that some heavy condition may be imposed upon the applicant so that just to ensure that he may not commit any offence in future. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. There is no possibility of his absconding or tampering with the prosecution case. Looking to the present pandemic scenario of Covid-19, learned counsel for the applicant prays for grant of bail to the applicant.

(3.) Per contra, learned Panel Lawyer for the State has opposed the bail application stating that the applicant is a habitual offender and is having long criminal history. But he fairly submits that the charge sheet has been filed in the matter and therefore, there is no further requirement of custodial interrogation of the present applicant.