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Judgment
22 paragraphs · 383 wordsVivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant, who is in custody
since 23/07/2021 in connection with Crime No.227/2021 registered at Police Station Civil Line, Distt. Rewa (M.P.) for the offences punishable under
Sections 8, 21 and 22 of NDPS Act, 1985 & 5/13 of M.P. Aushadhi Niyantran Adhiniyam.
According to the prosecution story, 58 bottles of cough Syrup (containing 100 ml) codeine phosphate has been seized from unauthorized possession of
the applicant.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case and he has not committed any offence. Trial will take
time for its conclusion. Applicant is in custody since 23/07/2021. The applicant has no criminal antecedents. Investigation is complete. Charge sheet
has been filed. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the State opposes the bail application and submits that history of two criminal cases have been registered under Section
379 of IPC and no criminal history of similar offence is registered against the applicant.
Taking into consideration the facts & circumstances of the case and on a perusal of the material available in the case diary, I deem it appropriate to
release the applicant on bail, therefore, without commenting anything on the merits of the matter, this application is allowed.
It is directed that applicant -Birendra @ Biru shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)
with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates
as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of
the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become
ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus
before and after releasing the applicant.
Certified copy as per rules.