Vinay @ Vinnu Jaiswal vs The State Of Madhya Pradesh
2021 Latest Caselaw 947 MP

                                                                         1                            MCRC-13961-2021
                                            The High Court Of Madhya Pradesh
                                                      MCRC-13961-2021

(VINAY @ VINNU JAISWAL Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 22-03-2021 Mr. Waseem Akram, learned counsel for the applicant. Mr. D.Gangrade, learned P.L. for the State. Heard.

This is the first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is

apprehending his arrest in connection with Crime No.17/2020 for offences punishable under sections 21, 22, 29 of the NDPS Act, 1985 and U/s.5/13 of the MP. Drugs Control Act, registered at Police Station-Mangawan, District- Rewa.

The applicant is seeking anticipatory bail in the aforesaid case. The brief facts of the case are as follows. The co-accused Ramji was arrested and from his possession, 960 bottles of Onrex Cough Syrup was seized. The said cough syrup contains codeine in it and the total quantity, in view of the judgment passed by the Apex Court in the case of Hira Singh, would be

96 Kgs. The undisputed facts of the case is that the applicant was not present near the scene of occurrence and it was only after the co-accused Ramji's arrest, who had taken the name of the present applicant in the F.I.R. in the alleged commission of the offence. The F.I.R. reveals that the name of the applicant has been included upon the same being disclosed by the co- accused Ramji in his 27 memorandum. Effectively, the case against the applicant is only the testimony of the co-accused U/s.27 of the Evidence Act, which is prima-facie inadmissible in evidence.

Learned counsel for the State while opposing the application for grant of anticipatory bail to the applicant has clarified that there is no details of any previous antecedents of the applicant given by the Police in the tip Signature Not Verified SAN accompanying the case diary.

Digitally signed by ASHISH DATTA Date: 2021.03.23 17:04:53 IST 2 MCRC-13961-2021 In view of has been discussed hereinabove, the application is allowed and it is directed that if the applicant is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.

C.C. as per rules.

(ATUL SREEDHARAN) JUDGE

a

Signature Not Verified SAN

Digitally signed by ASHISH DATTA Date: 2021.03.23 17:04:53 IST