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Omnarayan Shukla vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 March 2023 · Citation: (2023) 03 MP CK 0063

HON’BLE JUDGES
Vishal Dhagat, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8B, 21, 22 · Madhya Pradesh Drugs (Control) Act, 1949 — Section 5, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 11028 Of 2023
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Judgment

12 paragraphs · 330 words

Vishal Dhagat, J

1.

This is second bail application filed under Section 439 CrPC on behalf of applicant who is in custody since 18.4.2022 in connection with Crime No.85/2022, registered at Police Station Sirmour, District Rewa (M.P.), for the offences punishable under Sections 8-B, 21, and 22 of NDPS Act and Section 5/13 of M.P. Drug Control Act.

2 . Learned counsel for the applicant submitted that earlier application filed by applicant was dismissed as withdrawn on 1.11.2022 with liberty to applicant to file repeat application after examination of independent witnesses. It is submitted that independent witnesses in the case have already been examined. Now there is no chances that applicant will be able to influence or threaten the witnesses of the case. Applicant is in jail since 18.4.2022. In these circumstances applicant may be released on bail.

3.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail.

4.

Heard the learned counsel for the parties.

5 . Considering the period of custody of applicant and the fact that independent witnesses have already been examined, bail application filed by the applicant is allowed.

6.

It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court.

7.

In addition to aforesaid, applicant shall abide by the following conditions:-

(i) He shall appear and mark his presence before Police Station Sirmour, District Rewa twice every month.

(ii) If applicant is found involved in any other offence in future, then prosecution is at liberty to file application for cancellation of bail before the trial court and trial court shall consider the application on its merits.

8.

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

C.C as per rules.