Satyendra Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 2777 MP

                                                                   1                           MCRC-10601-2021
                                        The High Court Of Madhya Pradesh
                                                  MCRC-10601-2021
                                                (SATYENDRA TIWARI Vs THE STATE OF MADHYA PRADESH)

                                 7
                                 Jabalpur, Dated : 28-06-2021
                                       Heard through Video Conferencing.

                                       Shri Nityanand Mishra, Advocate with Shri Ramdarash Tiwari,
                                 Advocate for the applicant.
                                       Ms. Seema Pandey, P.L. for the respondent-State.

Heard

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 06.02.2021 in connection with Crime No.36/2021, registered at Police Station- Naigarhi, District Rewa (M.P.) for the offence punishable under Sections 21, 22 of N.D.P.S. Act and 5/13 of M.P. Drugs Control Act.

As per prosecution case, on the alleged date of incident, on information of informer, search of applicant was done and he was found in possession of Contraband 25 bottles of Onrex Cough Syrup (each 100

ml) containing codeine.

Learned counsel for the applicant submitted that the applicant is innocent and has not committed any offence. It is further submitted that the applicant has no nexuses with the alleged crime and has been falsely implicated in the present case.

Learned Panel Lawyer for the respondent-State opposes the bail application on the ground that 25 bottles of Onrex Cough Syrup (each 100 ml) containing codeine 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 serious in nature, therefore, the application may be rejected. Signature Not Verified SAN

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.29 14:21:31 IST 2 MCRC-10601-2021 Since learned Panel Lawyer for the respondent has not submitted any criminal antecedents or any fast criminal record of the applicant, looking to the facts and circumstances of the case and quantity of contraband seized from the applicant as well as due to outbreak of Covid-19 pandemic there is uncertainty of trial of case, I am of the

considered view that it is a fit case to release the applicant on bail.

Consequently, the application is allowed. It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court. It is directed that the applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

This M.Cr.C stands allowed.

Certified copy as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

RC

Signature Not Verified SAN

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.29 14:21:31 IST