Madhya Pradesh High Court
MCRC/4527/2024 of JITENDRA MISHRA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4527 of 2024
BETWEEN:-
JITENDRA MISHRA S/O SAHDEV MISHRA, AGEDABOUT 29 YEARS, OCCUPATION: AGRICULTURIST R/OVILLAGE PARASI P.S. MAJHAULI DISTRICT SIDHI(MADHYA PRADESH).
(BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MAJHAULI DISTRICT SIDHI (MADHYAPRADESH).
(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the second bail application filed by applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIRNo.1054/2023, registered at Police Station-Majhauli, District Sidhi (M.P.) forthe offence punishable under Sections 8, 21, 33 of NDPS Act and Section 5/13of Drugs Control Act.
2 . Learned counsel appearing for applicant submitted that as perprosecution story, 19 bottles of cough syrup was seized from applicant havingnarcotic drug in it. It is submitted that independent seizure witnesses have been examined and they are hostile in Court. Applicant is first time offender with nocriminal record. He is in jail since 18.09.2023. In these circumstances, applicantbe released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application.
4. Heard learned counsel for the parties.
5 . Considering totality of facts and circumstances of the case, bailapplication filed by the applicant is allowed. It is directed that applicant shall bereleased on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount tothe satisfaction of the trial Court concerned for his regular appearance beforeCourt on all such dates as may be fixed in this regard during pendency of trial.
6. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;
(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.
7. Certified copy as per rules.
vkt
(VISHAL DHAGAT)JUDGE