Madhya Pradesh High Court
Vijay Jaiswal vs The State Of Madhya Pradesh on 31 August, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-21725-2021
The High Court Of Madhya Pradesh
MCRC-21725-2021
(VIJAY JAISWAL Vs THE STATE OF MADHYA PRADESH) 11 Jabalpur, Dated : 31-08-2021 Shri Prakash Upadhyay, counsel for the applicant. Shri K.K. Agnihotri, Panel Lawyer for the State. Case diary is available.
This is the second application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail. Earlier application M.Cr.C. No. 33382/2020 was dismissed for want of prosecution on 24.4.2021.
The applicant is in custody since 28.8.2020 in connection with Crime No.344/2020 registered at P.S. Amiliya, District Sidhi for the offences punishable under Sections 5/13 of the M.P. Drug Control Act and Sections 8, 21, 22 of the NDPS Act.
As per the case of the prosecution, 350 bottles of Onerex Wings Biotech syrup have been seized from the joint possession of applicant and co-accused.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is in custody for last more than one year and trial will take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the application. Looking to period of custody of the applicant, I deem it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.
It is directed that applicant Vijay Jaiswal shall be released on bail on his furnishing a personal bond in a sum of Rs.60,000/- (Rupees Sixty Thousand Only) with two sureties of Rs. 30,000/- each (out of which one surety must of the State of M.P. and another must be of the 2 MCRC-21725-2021 native place of the applicant i.e. District Mirzapur), to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective automatically without further reference to the Bench.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2021.08.31 17:57:11 +05'30'