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Rajendra Arya @ Vigul vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 December 2022 · Citation: (2022) 12 MP CK 0049

HON’BLE JUDGES
Sanjay Dwivedi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 22 · Madhya Pradesh Drugs (Control) Act, 1949 — Section 5, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.57921 Of 2022
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Judgment

9 paragraphs · 256 words

Sanjay Dwivedi, J

This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.930/2022 registered at Police Station City Kotwali District Rewa, for the offence punishable under Section 8, 21, 22 of NDPS Act and 5/13 of M.P Drug Control Act.

As per the case of prosecution, the applicant was found in illegal possession of 17 bottles of cough syrup.

Counsel for the applicant submits that applicant is in jail since 17/10/2022. He has not committed any offence in any manner. He has falsely been implicated in this case. On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned counsel for the respondent/State has opposed the bail application saying that there are criminal antecedents against the applicant.

Considering the submissions made by the counsel for the parties and quantity of seized cough syrup bottles, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on merits of the case, this application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.