Madhya Pradesh High Court
Shireesh Kumar Kushwaha vs The State Of Madhya Pradesh on 30 November, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 30th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 54188 of 2022
BETWEEN:-
SHIREESH KUMAR KUSHWAHA S/O RAJENDRA
KUSHWAHA, AGED ABOUT 26 YEARS, GRAM
KOTHALIYA WARD NO. 47 BICHHIYA REWA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI D. K. SHRIVASTAVA, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE THANA AMARPATAN SATNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VINOD TIWARI, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This fourth bail application under section 439 Cr.P.C. has been filed on behalf of the applicant- Shireesh Kushwaha for grant of bail pending the trial.
The applicant has been arrested in connection with Crime No.537/2019, registered at P.S.-Amarpatan, District-Satna (M.P.) for commission of offence under Sections 8-B, 21, 22 of NDPS Act and Section 5/13 of M.P. Drug Control Act, 1949. He is in jail since 20.11.2019.
Applicant's first bail application was dismissed on merit vide order dated 3.12.2020 passed in M.Cr.C. No.11661/2020. Thereafter, his second bail application too was dismissed on merits vide order dated 5.8.2021 passed in Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/1/2022 12:31:08 PM 2 M.Cr.C. No27012/2021. His third bail application was dismissed for want of prosecution.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He has been falsely implicated. He is innocent. It is further submitted that independent witnesses of search and seizure were examined before the trial Court and they have not supported the seizure of contraband from the possession of the present applicant. It is also contended by learned counsel that the trial has not been concluded within a period of three years. On the aforesaid ground, it has been prayed that applicant be released on bail.
On the other hand, learned Panel Lawyer for the State has opposed the grant of bail to the applicant.
I have gone through the earlier orders passed in previous bail applications. In this case, 5400 bottles of Onerex Cough Syrup containing codeine phosphate has been seized from the present applicant along with the vehicle in which he was traveling.
Having taken into consideration that the earlier two bail applications have already been dismissed on merits and it is a case in which large quantity of Onerex Cough Syrup has been seized from the possession of the applicant, this Court is not inclined to release the applicant - Shireesh Kushwaha on bail.
Accordingly, this fourth bail application too is dismissed.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/1/2022 12:31:08 PM