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Judgment
This is third application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant.
The applicant has been arrested in connection with Crime No.26/2018, registered at Police Station Khamariya, District Jabalpur, for the offences
punishable under Sections 8/21 of the NDPS Act and sections 25/27 of the Arms Act.
The allegation of the prosecution is that on 2.2.2018 at about 11:50 pm the Police Khamariya received an information that from Kundam road the
present applicant is coming in a Toofan vehicle and was carrying illegal banned drugs i.e. Smack. The Police party blocked the road and stopped the
vehicle at Sundarpur Road, Village Amakoh, Police Station Khamariya, District Jabalpur. When the police party tried to search the vehicle, the present
applicant tried to run away, but he was lateron caught. On search from the possession of the applicant, Smack, a 315 bore katta, live cartridges, mobile
sets and some cash were recovered. On that ground, offences punishable under sections Sections 8/21 of the NDPS Act and section 25/27 of the
Arms Act were registered against the present applicant.
Learned counsel for the applicant has submitted that the applicant is an innocent person. It is submitted that the applicant has been falsely implicated in
the present crime. The main submission of learned counsel for the applicant is that the applicant is in judicial custody for more than 2 and a half years.
It is also submitted that in near future there is no chance of concluding the trial and due to which the applicant would remain in judicial custody. It is
also submitted that due to delay of trial, the applicant cannot be confined to Date: 2020.08.07 17:04:27 IST remain in judicial custody for indefinite
period. In this regard he has placed reliance upon a judgment of Hon'ble Supreme Court in the case of State of Kerala Vs. Raneef [2011 AIR SCW
306]. In view of the aforesaid, it is prayed that the applicant be released on bail.
Learned Panel Lawyer opposes the bail application and submitted that earlier two bail applications have been dismissed on merits. Hence, this
       application be dismissed.
This is third bail application of the applicant, his first application i.e M.Cr.C. No.24725/2018 was dismissed on merits vide orderÂ
dated 23.10.2018 and also the second bail application i.e M.Cr.C. No.9463/201 was dismissed on merits vide order dated 10.5.201. After dismissal of
second bail application, I do not find any remarkable change. Duration of period of judicial custody is not a ground to enlarge the applicant on bail. So
far as the judgment relied upon by the learned counsel for the applicant is not applicable in this case.
Considering the facts and circumstances of the case in their entirety and the gravity of the offence, without commenting upon the merits of the
       case, in the opinion of this Court, it is not a fit case to grant bail to the applicant.
Consequently, this application is hereby dismissed.