Anil Kumar Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 3535 MP

                                                            1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                           ON THE 28 th OF FEBRUARY, 2023
                                        MISC. CRIMINAL CASE No. 9685 of 2023

                         BETWEEN:-
                         ANIL KUMAR VISHWAKARMA S/O SHRI MAHENDRA
                         PRASAD VISHWAKARMA, AGED ABOUT 24 YEARS, R/O
                         VILLAGE PODI KHURD, POLICE STATION TALA,
                         DISTRICT SATNA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI YADVENDRA DWIVEDI - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION SOHAGI, DISTRICT REWA (MADHYA
                         PRADESH)

                                                                                       .....RESPONDENT
                         (BY SHRI ABHAY SHANKAR PATHAK - GOVERNMENT ADVOCATE)

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

This is third bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 21.06.2022 in connection with Crime No.60/2022, registered at Police Station Sohagi, District Rewa (M.P.) for the offence punishable under Sections 8, 21 and 22 of N.D.P.S. Act and Section 5/13 of M.P. Drug (Control) Act.

2. Earlier bail applications filed by applicant were dismissed as withdrawn.

3. Counsel appearing for applicant submitted that independent seizure Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/1/2023 2:48:00 PM

witnesses in the case have already been examined and they are hostile before the trial Court. Vehicle in which contraband was seized belongs to applicant. Applicant had not used the vehicle for purpose of transportation of contraband. Co-accused, who was in the vehicle, has already been released on bail as he was not caught on the spot and arrested later on. It is submitted that considering the aforesaid circumstances, applicant may also be enlarged on bail.

4 . Government Advocate appearing for State has opposed the bail application and submitted that in two sack and 7 cartoons 1400 bottles of 100 ml. quantity of Cough Syrup containing 5 m.g. codeine phosphate in 5 ml. of each bottle. Said contraband has been seized from vehicle belonging to

applicant. In these circumstances, bail application be dismissed.

5. Heard the counsel for the parties.

6 . Considering the fact that applicant does not have any criminal antecedent, independent seizure witnesses have been examined in Court and they are hostile before Court and co-accused in the case has already been released on bail, therefore, bail application filed by applicant is allowed on condition that applicant will mark his presence before concerned police station

on 1 st of every month.

7. It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in the like amount to the satisfaction of the trial court for his appearance before the trial court on the dates to be fixed by the trial court.

8. It is further directed that vehicle which has been seized in the case will not be given on Supurdginama to applicant during the course of trial and same may only be disposed finally when judgment is passed.

9. The applicant shall abide by the conditions enumerated under Section Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/1/2023 2:48:00 PM

437(3) of Cr.P.C.

10. C.C as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 3/1/2023 2:48:00 PM