Dipendra Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 9149 MP

                                    1                          MCRC-59686-2021
        The High Court Of Madhya Pradesh
                MCRC No. 59686 of 2021
                 (DIPENDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 22-12-2021
      Shri Manish Datt, learned Senior Advocate with Shri K.P. Kushwaha,

counsel for the applicant.
      Shri Manoj Kumar Singh, Panel Lawyer for the respondent/State.

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

The applicant is in custody since 15.07.2021 in connection with Crime No.250/2021 registered at Police Station Kamarji, District Sidhi for the offences punishable under Sections 8/21 and 22 of the N.D.P.S. Act and Section 5/13 of Drugs Control Act.

As per prosecution, 130 bottles of cough syrup containing codeine has been seized from the possession of present applicant.

Learned counsel for the applicant submits that the present applicant has been falsely implicated. A joint notice has been issued to the accused pers ons . Learned counsel for the applicant further submits that the

Coordinate Bench of this Court vide order dated 1.4.2021 in MCRC No.9318/2021 (Prateep Gupta Vs. State of MP) after relying upon the judgment of the Supreme Court in the case of State of Rajasthan Vs. Parmanand and another, reported in (2014) 5 SCC 345 has held that the joint notice issued to the accused persons is not valid.

Learned counsel for the State fairly submits that the present applicant has no criminal antecedent.

Considering that only 130 bottles of cough syrup has been seized from the possession of present applicant, the fact that joint notice was issued to the applicant and also the fact that there is no criminal past recorded against the present applicant, without adverting into the merits of the case, this application is allowed.

It is directed that the present applicant be released on bail on his 2 MCRC-59686-2021 furnishing a personal bond in the sum of Rs.50,000/- (Rup ees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE

SMT.

gn GEETHA NAIR 2021.12.22 17:48:59 +05'30'