High CourtsSingle Bench

Rohit Verma vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 22 November 2023 · Citation: (2023) 11 MP CK 0072

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. 51825 Of 2023
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Judgment

10 paragraphs · 316 words

Sanjay Dwivedi, J

1.

This third 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.321/2022 dated (not mentioned) registered at Police Station Gadhwa, District Singrouli for the offence punishable under Sections 8, 21 and 22 of NDPS Act and Section 5/13 of M.P. Drugs (Control) Act.

2.

The earlier application of the applicant was dismissed as withdrawn with liberty to revive the same after a period of three months. Availing the said liberty, the present application has been filed.

3 . As per the prosecution case, the applicant along with three accomplice was found in possession of 3081 bottles of cough syrup.

4.

Learned counsel for the applicant submits that the present applicant is in custody since 25.09.2022. He further submits that one of the co-accused has already been released on bail by this Court and, therefore, on the ground of parity, the present applicant is also entitled to be released on bail.

5.

On the other hand, learned counsel for the respondent/State has opposed the prayer of bail and prays for its rejection.

6.

Considering the aforesaid and looking to the fact that the co-accused has already been granted bail, therefore, in order to maintain parity, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

7.

It is directed that applicant be released on bail upon his furnishing a 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.

8.

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

9.

Certified copy as per rules.