Ambuj Kumar Gupta vs State Of Madhya Pradesh

Vishal Dhagat, J

This is second bail applications filed under Section 439 of Cr.P.C. on behalf of applicants, in connection with Crime No.555/2020, registered at Police

Station Rampur Naikin, District Sidhi (M.P.), for the offences punishable under Sections 8 & 21 of NDPS Act and Section 5/13 of M.P. Drugs

Control Act.

Learned counsel appearing for the applicants submitted that seizure witnesses in the case namely, Rajendra Kumar Rajak and Sanjay Kumar Verma

have been examined in the Court and they have been declared hostile. No other independent witness is available in the case. On these grounds,

learned counsel for applicants prays for grant of bail to applicants.

Learned Panel Lawyer appearing for the respondent/State opposed the prayer for grant of bail. It is submitted that 25 bottles of Onrex Cough Syrup

has been seized from applicant Ambuj Kumar Gupta and 20 bottles of Cough Syrup has been seized from applicant Anurag @ Sudheer Tiwari. It is

submitted that considering the quantity of contraband which has been seized from the applicants, bail applications filed by applicants may be dismissed.

Heard learned counsel for parties.

Considering the fact that appellants are in custody since 30.9.2021 and 19.8.2020 respectively, investigation in the case is complete and trial has also

progressed, two material witnesses in the case has already been examined, conclusion of trial is likely to take some more time, bail applications filed by

the applicants are allowed.

It is directed that applicants Ambuj Kumar Gupta and Anurag @ Sudheer Tiwari shall be released on bail on each of them furnishing personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety each in the like amount to the satisfaction of the trial court.

The applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.