Prakash Tripathi vs The State Of M.P.
2021 Latest Caselaw 7710 MP

                                                                    1                            MCRC-48821-2021
                                          The High Court Of Madhya Pradesh
                                                  MCRC No. 48821 of 2021
                                                       (PRAKASH TRIPATHI Vs THE STATE OF M.P.)

                                 2
                                 Jabalpur, Dated : 23-11-2021

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

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

The applicant has been arrested on 15.08.2021 by Police Station

Chourhata, District-Rewa in connection with Crime No.577/2021 for the offence punishable under Sections 8/21 and 22 of the N.D.P.S. Act r/w 5/13 of M.P. Drugs Control Act.

I t is alleged that the applicant along with co-accused has been found in possession of 40 bottles/100 ml each of Max-cough Syrup which is consisted of a total of 4 kgs of Codeine Phosphate.

It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted

that the investigation is over and the charge-sheet has been filed before the concerning Court. He is in custody since 15.8.2021; therefore, there is no further requirement of custodial interrogation of the applicant. The applicant is the first offender. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer for grant of bail stating that 40 bottles/100 ml each of Max-cough Syrup has been recovered from the possession of the applicant and placing reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Hira Singh Vs. Union of India and others, in Civil Appeal No.5218/2017 decided on 22.4.2020 wherein a specific reason has been assigned by the Hon'ble Supreme Court while Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.24 11:26:47 IST 2 MCRC-48821-2021 considering the application dealing with commercial quantity by placing reliance upon Section 37 of the NDPS Act.

Considering the over all facts and circumstances of the case and the period of custody and also the fact that the applicant is the first offender having no criminal history, this application is allowed. The

applicant be released on bail subject to verification of the fact that the applicant is the first offender having no criminal history and on furnishing surety bond of Rs.50,000/- (Rupees) Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . If the applicant is found involved in any case except present Signature Not Verified SAN one, their bail shall stand rejected without any reference to the Court;

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.24 11:26:47 IST 3 MCRC-48821-2021

8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO o f concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Application stands allowed and stands disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.24 11:26:47 IST