Yadunath Sharma vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 11.09.2020 in connection with Crime No. 750/2020 registered at P.S. Rampur Baghelan, District-Satna (MP) for the offence punishable under Section 8-B,21,22 of the NDPS Act and Sections 5/13 of M.P. Drugs Control Act.

The allegation against the present applicant is that he was illegally transporting 65 bottles of Win Cirex Cough Syrup having 130 gm of codeine phosphate.

Learned counsel for the applicant submits that applicant has been falsely implicated. It is stated that there is no past criminal antecedent against the present applicant. Lastly, it is submitted that the applicant is in custody since 11.09.2020 and trial would take considerable time to conclude, therefore, applicant may be released on bail.

Learned Panel Lawyer appearing for the State has vehemently opposed the application and prayed for rejection of the same. However, she fairly submits that there is no past criminal antecedent against the present applicant.

Considering the aforesaid, I am of the view that it is a fit case to enlarge the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed.

It is directed that applicant Yadunath Sharma shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.

This order will remain operative subject to compliance of the following conditions :-

"1. The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. "

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Ms. Anjali Shrivastava, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.

Certified copy/e-copy as per rules/directions.