MOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.625 of 2023 registered at Police Station Thatipur, District Gwalior (M.P.) for offence punishable under Sec. 8/20 of NDPS Act. The applicant is in judicial custody since 8/9/2023.

(2.) According to the prosecution case, Sub-Inspector Balram Manjhi Police Station Thatipur along with police force on 8/9/2023 around 06:00 pm while checking near the toilet behind crematorium on Marghat Road across the river situated at Thatipur, intercepted two persons who were carrying bags on their back. On seeking police, they started running away. Thereafter, police surrounded and caught both of them and on being asked, one person disclosed his name as Jagannath alias Jagga and another person disclosed his name as Mohan Singh alias Phakeera (applicant). Contraband ganja quantity 2.580 kilograms from the possession of Jagannath alias Jagga and 2.815 kilograms from the possession of applicant Mohan Singh were recovered. Relevant seizure was made in due compliance with the procedure. Statements of witnesses have been recorded. On such allegations, P.S.Thatipur registered FIR at Crime No.625/2023 for offence punishable under Sec. 8/20 of NDPS Act against applicant and co-accused Jagannath. Applicant and co-accused Jagannath alias Jagga were arrested on 8/9/2023. Investigation is almost complete.

(3.) Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. Applicant is permanent resident of District Gwalior. He is a labourer by profession. He is sole bread earner of the family. There is no likelihood of his absconding leaving behind his family and property. The investigation is almost complete, therefore, there is no likelihood of his interfering in the investigation or tampering with the evidence. Jail incarceration is causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.