Madhya Pradesh High Court
Jagannath Singh vs The State Of Madhya Pradesh on 23 April, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:18537
1 MCRC-12635-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 23rd OF APRIL, 2025
MISC. CRIMINAL CASE No. 12635 of 2025
JAGANNATH SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Kumar Kushwaha, counsel for the applicant.
Ms. Seema Jaiswal, P.L. for respondent/State.
ORDER
This third application under Section 483 of the BNSS, 2023 has been
filed on behalf of applicant for grant of regular bail relating to FIR
No.165/2024 dated 24/03/2024, registered at Police Station Jamodi, District -
Sidhi for the offence under Section 8/20-B, 21 & 22 of NDPS Act and under
Section 5/13 of M.P.Drug Control Act. Applicant is in detention since
24.03.2024.
2. Applicant's first bail application was dismissed as withdrawn and not
pressed vide order dated 10.07.2024 passed in M.Cr.C.No.24547/2024. His
second application was also dismissed as withdrawn and not pressed with
liberty to renew the prayer for bail after six months vide order dated
27.09.2024 passed in M.Cr.C.No.36775/2024.
3. As per the prosecution story, on 23.03.2024 applicant was found in
possession of 15 bottles of Onrex Cough Syrup having Codeine Phosphate
and 05 Kg of cannabis (ganja). FIR was registered.
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4 . Learned counsel for the applicant submitted that applicant has not
committed any offence. He is innocent. He has been falsely implicated. No
contraband was seized from him. He is in jail for last more than a year and
trial will take considerable time. Therefore, it is prayed that applicant may
be released on bail, pending the trial.
5. On the other hand, learned counsel for the State has opposed prayer for
grant of bail to the applicant and has submitted that applicant has criminal
background of 11 cases and out of these cases two are under NDPS Act.
6. Countering the argument learned counsel for the applicant has submitted
that applicant has been acquitted in aforesaid two cases under NDPS Act and
has filed copy of judgment dated 10.12.2021 passed by Special Judge, NDPS
Act, Sidhi and copy of judgment dated 08.06.2024 passed by JMFC, Sidhi.
Therefore, it is prayed that applicant may be released on bail.
7. On perusal of both the judgments, it is apparent that applicant has been
acquitted in both the cases. As applicant has been acquitted in both the cases
under NDPS Act, it is apparent that except this case he has no criminal
background under NDPS Act. Considering the quantity of seized cannabis
and 15 bottles of Onrex cough syrup, the detention period and the fact that
final conclusion of the trial will take considerable time, but without
expressing any opinion on merits of the matter, I deem it a fit case for grant
of bail. Consequently, this bail application under Section 483 of BNSS, 2023
for grant of bail filed on behalf of applicant, stands allowed.
8. It is directed that applicant - Jagannath Singh be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
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3 MCRC-12635-2025
Thousand only) with one solvent surety in the like amount to the satisfaction
of the trial Court, for his regular appearance before the trial Court during trial
with a condition that he shall remain present before the concerned Court on
all the dates fixed by it during trial. He shall abide by all the conditions
enumerated under Section 480(3) of BNSS, 2023.
9. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
MKL
