Dheerendra Shukla vs The State Of Madhya Pradesh
2021 Latest Caselaw 8463 MP

                                   1                          MCRC-57971-2021
           The High Court Of Madhya Pradesh
                   MCRC No. 57971 of 2021

(DHEERENDRA SHUKLA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 08-12-2021 Shri Mrigendra Singh, Senior Advocate assisted by Shri Risabh Singh,

counsel for the applicant.

Mr. Abhisekh Dubey, Panel Lawyer for the State. Heard.

This is the first bail application filed by the applicant under Section

439 of the Cr.P.C.

The applicant is in custody since 16.11.2021 in connection with Crime No.544/2020 registered at P.S. Rampur Naikin, District Sidhi (MP) for the offence punishable under Sections 5/13 of the M.P. Drug Control Act and Sections 8/21 of the ND PS Act.

As per prosecution case, on an information received from an informant on 13.08.2020, applicant was carrying illegal corex syrup in his two wheeler scooter with an intention of selling the same. The applicant was found in possession of 15 100 ml each bottles of Syrup, 7 100 ml each bottles of

Kopfree syrup, 6 100 ml bottles of Wincirex Syrup, 1 100 ml bottle of RC Kuff Syrup in all 29 bottles of cough syrup.

Learned senior counsel for the applicant submits that the applicant is an innocent person, who has no criminal antecedent. He has been falsely implicated in this case. It is submitted that the applicant has nothing to do with the crime. He is in custody since 16.11.2021 and trial will take considerable time. There is no likelihood of applicant absconding or tampering with the evidence. Learned counsel for the petitioner has also placed heavy reliance upon the judgment in the case of Siddarth Vs. State of UP and another, reported in 2021 SCC Online SC 615 and Dataram Singh Vs. State of UP and another, 2018 SCC Online SC 88. Hence, he be enlarged on bail.

Learned P.L. opposed the application and prayed for rejection of the 2 MCRC-57971-2021 same.

Looking to the aforesaid facts and circumstances of the case, this Court is of the view that this is not a case in which the applicant is required to be kept in custody during the whole trial, but without commenting anything on the merits of the case, this application is allowed.

It is ordered that that the applicant/accused be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

I t is further directed that the Jail authority shall comply with all the directions and guidelines issued by the Central Government and the State Government from time to time in regard to outbreak of Covid-19 pandemic before releasing the applicant from the jail.

Certified copy/e-copy-as per rules

(ARUN KUMAR SHARMA) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2021.12.09 11:06:31 IST