Madhya Pradesh High Court
Vikash @ Virendra Jaiswal vs The State Of Madhya Pradesh on 27 October, 2015
M.Cr.C.No.18157 of 2015
1
27/10/2015
Shri P.D.Jaiswal, Advocate for the applicant.
Shri Akhilesh Singh, Panel Lawyer for the
respondent/State.
Heard finally. Case diary is perused.
This is first bail application on behalf of the applicant under Section 439 of Cr.P.C.
Applicant Vikash @ Vijendra Jaiswal is in custody since 19.06.15 in connection with Crime No.163/2015 registered at Police Station Anuppur, District Anuppur(M.P.) for the offence punishable under Section 20 of NDPS Act and Section 39/192 of Motor Vehicles Act.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that provisions of NDPS Act have not been duly complied with. The investigation is complete and challan has already been filed. He also submits that present applicant was driving the car, he had no knowledge about transportation of Ganja. He pointed out that co-accused Ramnarayan Gupta has already been enlarged on bail by the Court in M.Cr.C.No.14577/15. Applicant is in custody since 19.06.15 and conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicant be released on bail.
Learned Panel Lawyer for the State has vehemently opposed the application on the ground that from the possession M.Cr.C.No.18157 of 2015 2 of applicant 108 kgs. contraband Ganja was seized. Therefore, his case is not similar to already released co-accused Ramnarayan Gupta. He prays for rejection of the application.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case , and looking to the gravity of the accusation, I find that this is not a fit case for grant of bail to the applicant. Consequently, his application under Section 439 of the Cr.P.C. is hereby rejected.
(SUBHASH KAKADE)
Jk. JUDGE