Rajeev Pandey @ Anshul vs The State Of Madhya Pradesh on 9 August, 2023

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Madhya Pradesh High Court

Rajeev Pandey @ Anshul vs The State Of Madhya Pradesh on 9 August, 2023

Bench: Anuradha Shukla

                                  1
    IN       THE HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                     ON THE 9 th OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 28408 of 2023

BETWEEN:-
RAJEEV PANDEY @ ANSHUL S/O SHRI RAJESH PANDEY,
AGED ABOUT 23 YEARS, OCCUPATION: LABOUR, R/O
VILLAGE PATNA P.S. RAIPUR KARCHULIAN, DISTT.
REWA (M.P.)

                                                                .....APPLICANT
(BY SHRI D.S. DUBEY - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION RAIPUR KARCHULIAN DISTRICT REWA (M.P.)

                                                             .....RESPONDENT
(BY SMT. SEEMA SAHU - PANEL LAWYER)

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

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with FIR/Crime No.149/2023 dated 03.04.2023 registered at Police Station Raipur Karchulian, district Rewa for the offences punishable under Sections 8, 21, 22 of the NDPS Act and Section 5/13 of M.P. Drug Control Act.

As per prosecution case, it is the allegation against applicant that he alongwith co-accused was found in illegal possession of 120 bottles of codeine phosphate syrup containing 100 ml in each bottle.

Learned counsel for the applicant has submitted that applicant is innocent 2 and has been falsely implicated in the crime in question. The applicant is in judicial custody since 03.04.2022 and the trial will take considerable time to conclude. The applicant is a permanent resident of district and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to furnish surety and shall abide by all the directions and conditions imposed upon him by the court. Upon these circumstances, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection stating that there is one more criminal case of different nature registered against the applicant.

Heard learned counsel for the parties and perused the case diary. Looking to the over all facts and circumstances of the case, but without commenting on the merit of the case, this Court deems it to be a fit case to release the applicant on bail.

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

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

(ANURADHA SHUKLA) JUDGE rv Digitally signed by POONAM MANEKAR Date: 2023.08.10 16:35:07 +05'30' Adobe Reader version: 11.0.8 3

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