(1.) This is the first application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.512/2022 registered at Police Station Sanyogitaganj, District Indore for offence under Sec. 8/21 of NDPS Act. Applicant is in jail since 18/10/2022.
(2.) As per the prosecution story, on 18/10/2022 police got a discrete information from the informant regarding the illegal transportation of the contraband. Act upon the said information, police party reached on the spot and intercepted the present applicant and recovered 10 Gram brown sugar from his possession. Accordingly, a case has been registered against the applicant. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Applicant is not having any criminal antecedent. The applicant is in custody since 18/10/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.
(3.) Learned Government Advocate opposed the application and prayed for its rejection.