Bhupendra @ Sonu Dahiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 3285 MP

                                                         1                          MCRC-22729-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-22729-2021
                                  (BHUPENDRA @ SONU DAHIYA Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 14-07-2021
                            Heard through Video Conferencing.

                            Shri Udaynand Pandey, Advocate for the applicant.
                            Shri Akhilendra Singh, G.A. for the respondent-State.

Case diary is available with the learned G.A.

This is first bail application filed by the applicant under Section 439 of

the Code of Criminal Procedure. The applicant is in custody since 21.02.2021 in connection with Crime No.139/2021, registered at Police Station- Nagod, District Satna (M.P.) for the offence punishable under Sections 8(B)/21, 22 of N.D.P.S. Act and 5/13 of M.P. Drugs Control Act.

As per prosecution case, it is alleged against the applicant that he along with co-accused Manish Dahiya was found in illegal possession of 240 bottles of Onrex Cough Syrup (each 100 ml) containing Codeine Phosphate.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. Applicant has no

criminal antecedent. He is in judicial custody since 21.02.2021 and due to outbreak of Covid-19 pandemic trial will take time to conclude. So he be enlarged on bail.

Learned Government Advocate for the respondent-State opposes the bail application on the ground that 240 bottles of Onrex Cough Syrup (each 100 ml) containing Codeine Phosphate were seized from the applicant. As per the judgment of Hon'ble the Apex Court in the case of Hira Singh Vs. Union of India (2020 SCC Online SC 382), the quantity of syrup which has been seized from the applicant is commercial quantity. Offence is of serious in nature, therefore, the application may be rejected.

Having heard the contentions of learned counsel for the parties, considering the material available on record in view of this Court, the Signature Not SAN Verified applicant is not entitled for bail. Hence the application is hereby dismissed.

Digitally signed by
APARNA TIWARI
Date: 2021.07.15
16:24:23 IST
                            2               MCRC-22729-2021




                               (SATYENDRA KUMAR SINGH)
                                        JUDGE


                      AT




Signature
 SAN      Not
Verified

Digitally signed by
APARNA TIWARI
Date: 2021.07.15
16:24:23 IST