Bramha Dwivedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 22414 MP

Madhya Pradesh High Court

Bramha Dwivedi vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                             1
                                  IN     THE       HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                             ON THE 26 th OF DECEMBER, 2023
                                            THROUGH VIDEO CONFERENCING
                                        MISC. CRIMINAL CASE No. 53495 of 2023

                           BETWEEN:-
                           BRAMHA DWIVEDI S/O BABULAL SHARMA, AGED
                           ABOUT 33 YEARS, OCCUPATION: LABOUR R/O
                           VILLAGE KURWAHA P.S. JAMODI DISTRICT SIDHI
                           (MADHYA PRADESH)

                                                                                       .....APPLICANT
                           (BY SHRI SHAILENDRA VERMA - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH P.S.
                           JAMODI DISTRICT SIDHI (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                           (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)

                                  This application coming on for hearing this day, the court passed
                           the following:
                                                             ORDER

Case diary is available.

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3. The applicant has been arrested on 11.10.2023 in connection with Crime No.820/2023 registered at Police Station Jamodi, District Sidhi for offence under Section 8, 21, 22, 27A, 29 of NDPS Act and Section 5/13

of Drugs Control Act.

4. It is submitted by counsel for applicant that according to the prosecution case, 40 bottles of Onrex Cough Syrup containing 100 ml. each were alleged to be seized from the possession of applicant. Applicant has been falsely implicated. He is not a Pharmacist and he is not dealing with any medicine. Police has not collected any evidence regarding source of procurement of these bottles. In fact these bottles were planted by the police. It is further submitted that so far as criminal history of applicant is concerned, all those cases relate to Indian Penal Code. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

5. Per contra, the application is vehemently opposed by counsel for the State. However, it is fairly conceded that police has not collected any evidence with regard to source from where the bottles were purchased or procured by the applicant.

6. Considering the allegations made against the applicant, this Court is of considered opinion that application for grant of bail can be allowed.

7. Accordingly, it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

8. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

9. In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

10. The application succeeds and is allowed.

(G.S. AHLUWALIA) V. JUDGE vc