Madhya Pradesh High Court
Nauman Saeed vs The State Of Madhya Pradesh on 20 July, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-31484-2021
The High Court Of Madhya Pradesh
MCRC-31484-2021
(NAUMAN SAEED Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 20-07-2021
Heard through Video Conferencing.
Shri Ankit Saxena, counsel for the applicant.
Shri Jitendra Shrivastav, Panel Lawyer for the respondent/State.
This is first bail application under Section 439 of the Cr.P.C. for grant of regular bail filed on behalf of the applicant who is in custody since 13.05.2021 in connection with Crime No. 122/2021 registered at Police Station Crime Branch, District Bhopal (MP) for offence punishable under Sections 269, 270 of the Indian Penal Code, Section 53/57 of the Disaster Management Act, Section 3 of the Epidemic Diseases Act, Sections 3/7 of the Essential Commodities Act and Section 5/13 of the MP Drugs Control Act.
As per the case of the prosecution, three remdesivir injections were seized from the applicant and other co-accused persons worth Rs. 8,000/- each. It is alleged that they were involved in black-marketting of the remdesivir injection.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that in similar circumstances, the Coordinate Bench of this Court has granted bail to the accused facing same allegations, as are being faced by the present applicant. Therefore, applicants may also be granted bail.
On the other hand, learned counsel for the respondent-State has opposed the bail application and submitted that considering the offence and the conduct of the applicant, if he is released on bail then an adverse message would go to the society because he was involved in blackmarketing of remdesivir injection, which was not available for sale in the open market. Therefore, in such circumstances, the bail application be rejected.
Learned Panel Lawyer for the State has strongly opposed the bail 2 MCRC-31484-2021 application.
Considering the facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. It is directed that applicant-Nauman Saeed be released on bail on furnishing a personal bond in the sum of Rs. 60,000/- (Rupees Sixty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates so fixed by that Court during trial.
If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2021.07.20 17:23:37 +05'30'