Shashank Singh Tomar vs The State Of Madhya Pradesh on 2 September, 2023

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Madhya Pradesh High Court

Shashank Singh Tomar vs The State Of Madhya Pradesh on 2 September, 2023

Bench: Anuradha Shukla

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                   ON THE 2 nd OF SEPTEMBER, 2023
               MISC. CRIMINAL CASE No. 31590 of 2023

BETWEEN:-
SHASHANK SINGH TOMAR S/O LAKSHMINARYAN
SINGH TOMAR, AGED ABOUT 23 YEARS, OCCUPATION:
STUDENT R/O WARD NO. 8 PIPAL CHOWK NAROJABAD
PS NAROJABAD DISTT. UMARIA (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI JAI SHUKLA - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BEHERI DISTT. KATNI (MADHYA PRADESH)

                                                               .....RESPONDENT
(BY SMT. EKTA GUPTA - PANEL LAWYER)

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

This is first application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.323/2023 dated 01.05.2023 registered at Police Station Beheri, district Katni, for the offences punishable under Sections 8/21 and 22 of NDPS Act and Section 5/13 of Drugs (Control) Act.

Learned counsel for the applicant submits that the applicant is in custody since 01.05.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district Umaria and is ready to 2 furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

Learned counsel for the State opposes the bail application. Heard learned counsel for the parties and perused the case diary. According to the prosecution case, 109 bottles of cough syrup containing intoxicating substance were seized from the possession of applicant.

The bail is argued on the ground that two seizure witnesses have already been examined before the trial court. State has also opposed the application on the ground that the applicant is having criminal antecedents but no case, apart from the present one, has been registered against him under the NDPS Act.

Looking to the aforesaid facts, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount 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 pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.





                                                         (ANURADHA SHUKLA)
                                                               JUDGE
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        Date: 2023.09.04 14:45:43 +05'30'
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