Madhya Pradesh High Court
Ankit Saluja vs The State Of Madhya Pradesh on 14 July, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 MCRC-26420-2021
The High Court Of Madhya Pradesh
MCRC-26420-2021
(ANKIT SALUJA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-07-2021
Heard through Video Conferencing.
Shri Sankalp Kochar and Pramendra Singh Thakur, learned counsel for
the applicant.
Ms. Seema Pandey, learned P. L. for respondent/ State.
Case diary is available with the learned P. L. Heard on I. As. No.11130/2021, 12313/2021 and 12716/2021, these are the applications for taking additional documents on record.
All the I. As. are allowed and documents are taken on record. Heard finally.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.643/2021, registered at P. S. Kolar Road, Bhopal for commission of offence punishable under Sections 269, 270 of IPC, 53/57 of Disaster Management Act, Section 3 of Epidemic Diseases Act, 3/7 of Essential Commodities Act and 5/13 of M. P. Drugs Control Act.
As per prosecution story, the police after receiving the information from the informer that the applicant Ankit Saluja and co-accused persons Dilpreet and Rakesh Saxena were selling and black marketing Remdesivir Injection at Mandakini square, Bhopal, conducted a raid and found that the applicant and co-accused persons were sitting in a Verna Car bearing registration No. MP-04-CW-0491, in which a box containing Hetrox RX Remdesivir Injection 100 mg. 20 ml COVIFOR 6 vilas was found. On that basis above mentioned crime has been registered against the applicant and other co-accused persons.
Learned counsel for the applicant has submitted that the detention order passed against the applicant under National Security Act has already Signature Not SAN Verified been quashed by the High Court vide order dated 29.6.2021 passed in W. P. Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.07.15 12:33:56 IST 2 MCRC-26420-2021 No.9630/2021. Applicant has falsely been implicated in the case. All the offences alleged against him are bailable and triable by Judicial Magistrate First Class. Learned counsel for the applicant has relied on the several orders of different High Courts in which bail has been granted to the accused persons in the charges of similar nature. On these grounds, the prayer for grant of bail to the applicant has been made.
Learned counsel for the State in view of the order dated 5.9.2020 passed by the Coordinate Bench of this Court in M.Cr.C. No.26957/2020, in which the offences under Section 3/7 of Essential Commodities Act are held as bailable, fairly conceded that all the offences alleged against the applicant are bailable and triable by Judicial Magistrate First Class.
Considering the arguments advanced by the learned counsel for the parties, nature of offence registered against the applicant, which are triable by the Judicial Magistrate First Class and period of custody i. e. since 13.5.2021, I am of the considered view that it is a fit case for grant of bail to the applicant. Hence, without commenting on merits, this application is allowed.
It is directed that the applicant shall be released on bail on furnishing his personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
Signature
SAN Not
Verified
Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.07.15
12:33:56 IST
3 MCRC-26420-2021
kkc
Signature
SAN Not
Verified
Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.07.15
12:33:56 IST