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VIJAY KUMAR SHUKLA
Devram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first regular bail application filed by the applicant - Devram S/o Sarichand Rathore under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.52/2021 registered at Police-Station - Narcotics Cell, District - Indore (MP) for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances act, 1985 and the applicant is in custody since 13.11.2021.
As per prosecution story, it is alleged that from the joint possession of applicant and co-accused Satish, 7.300 kilograms of Ganja (contraband) had been seized. accordingly case has been registered against them.
Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He further submits that the aforesaid quantity is less than the commercial quantity. He also submits that investigation is over and chargesheet has already been filed in the matter. The applicant has no past criminal antecedents. The applicant is in jail since 13.11.2021 and the final conclusion of trial would take considerably long time. With these submissions, bail has been sought.
Counsel for the non-applican
The court considered the quantity of contraband seized and the completion of the investigation as key factors in granting bail to the applicant.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
Grant of bail - Search and seizer of contra bad Ganja - No antecedent of similar nature of offence - nature of allegation, quantity of contraband recovered from the possession.
The court considered the prolonged pre-trial detention, the potential spread of COVID-19 in jails, and the lack of likelihood for the trial to conclude in the near future as grounds for granting bail....
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