LAWS(MPH)-2018-10-143

KAILASH Vs. STATE OF M.P.

Decided On October 05, 2018
KAILASH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) As per statement made by the accused/petitioner, this is first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.189/2018 under Sections 9-A/25-A, 25 and 29 of the NDPS Act registered at Police Station-Bhavgarh, District-Mandsaur.

(2.) According to the prosecution case, on 28.05.2018, on a secret information, the police intercepted a motorcycle bearing registration No. MP-14-MS-9130. On search, 25KG. 880Gms. acetic anhydride has been seized from joint possession of the present petitioner and the co-accused Raj Khan for which they were not having any valid license.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The petitioner is permanent resident of District -Mandsaur. There is no possibility of his absconding. It is also pleaded that no criminal antecedents is attributed to the petitioner. He is in custody since 28.05.2018. Investigation is over and charge sheet has been filed. Learned counsel for the petitioner claimed parity with co-accused Raj Khan who has already been granted bail By this Court vide order dated 16.08.2018 passed in MCRC No.30829/2018, therefore, he may be granted bail.