Shivam Gupta vs State Of Madhya Pradesh

Vivek Agarwal, J

This first bail application filed by applicant Shivam Gupta, S/o Shri Munnalal Gupta under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 02/09/2021 in connection with Crime No.536/2021, registered at Police Station Jamodi, District Sidhi (M.P.) for an offence punishable under Sections 8, 21 and 22 of NDPS Act and Section 5/13 of M.P. Drugs Control Act, 1949.

Learned counsel for the applicant submits that no memorandum under section 50 of N.D.P.S Act was drawn and 297 bottles of Onrex Cough syrup containing codeine phosphate has been seized from the joint possession of present applicant and a juvenile. There is violation of mandatory requirement of section 50 of N.D.P.S Act. Further submitted that the charge-sheet has been filed. The applicant is in custody since 02/09/2021. Conclusion of trial will take sufficient time. On these grounds, prayer is made to release the applicant on bail.

Per contra, learned Government Advocate for the respondent/ State opposes the prayer.

Considering submissions of learned counsel for the parties and taking into consideration all the facts and circumstances of the case and without commenting anything on the merits of the matter, the application is allowed.

It is directed that applicant Shivam Gupta be released on bail upon his furnishing fixed deposit receipt or cash security of Rs.1 lac (Rupees One lac only) with two solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial but in case o f bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.