High CourtsSingle Bench(2020) 10 MP CK 0174

Devnarayan Tiwari vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 16 October 2020

HON’BLE JUDGES
Mohd. Fahim Anwar, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 2682 Of 2020

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Judgment

6 paragraphs · 248 words

Mohd. Fahim Anwar, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.206/2019, registered at P. S. Bichhiya District Rewa for commission of offence punishable under Section8/20-B of NDPS Act.

The allegation of the prosecution is that the applicant along with three co-accused were found in possession 29.025 Kg. Ganja the contraband substance. On that basis above mentioned crime has been registered against the applicant and other co-accused persons.

It is submitted by the learned counsel for the applicant that the applicant is innocent. He has not committed any offence. He has been falsely implicated in the case. He is in judicial custody since 25.3.2019. The trial will take time to conclude. He is permanent resident of the address mentioned in the applicant. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail.

Learned counsel for the respondent/ State opposing the submission made on behalf of the applicant and prayed for rejection of the bail application.

Looking to the allegation made against the applicant, quantity of seized substance, and other facts & circumstances of the case, in my opinion, it is not a fit case for grant of bail to the applicant. Hence, without commenting on merits, this first application filed under Section 439 of Cr.P.C for grant of bail to the applicant is hereby dismissed.