High CourtsSingle Bench

Gaurav Lodhi vs State Of M.P

Madhya Pradesh High Court · Decided on 29 July 2021 · Citation: (2021) 07 MP CK 0212

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 269, 270 · Disaster Management Act, 2005 — Section 53, 57 · Epidemic Act, 1897 — Section 3 · Essential Commodities Act, 1955 — Section 3, 7 · Madhya Pradesh Drugs (Control) Act, 1949 — Section 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.37108 Of 2021
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Judgment

16 paragraphs · 306 words

Anjuli Palo, J

This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Gaurav Lodhi who has been arrested in connection

with Crime No.219/2021 registered at Police Station-Ghandinagar, District- Bhopal (M.P.) for commission of offences under Sections 269 and 270 of

the Indian Penal Code, Sections 53 and 57 of the Disaster Management Act, 2005, Section 3 of the Epidemic Act, 1897, Sections 3 and 7 of the

Essential Commodities Act and Section 13 of the M.P.Drug Control Act, 1949. The applicant is in custody since 07.05.2021.

As per prosecution case, police received information that the applicant was found in unauthorized possession of one Injection- Remdesivir. Hence,

police reached the spot and seized one Injection- Remdesivir from the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. Learned counsel for the applicant

submitted that in similar circumstances, a Coordinate Bench of this Court vide order dated 14.07.2021 passed in M.Cr.C. 26420/2021 has granted bail

to the accused. Hence, it is prayed that the applicant be released on bail.

Learned Panel Lawyer for the State has strongly opposed the bail application.

Considering the facts and circumstances of the case as well as keeping in view the principle of parity without commenting on the merits of the case,

this application is allowed. It is directed that Applicant- Gaurav Lodhi be released on bail on his furnishing a personal bond in the sum of Rs.40,000/-

(Rupees Forty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the

dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.