Ibrar Ahmed vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 545

VISHAL DHAGAT
Ibrar Ahmed – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Pawan Choudhary, Advocate, A.R. Bain, Advocate
Final Result : Allowed

JUDGMENT

Vishal Dhagat, J. - This is third application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Earlier two applications were dismissed as withdrawn vide orders dated 28.09.2022, 16.11.2022 passed in MCRC Nos.43418/2022 and 53787/2022.

3. Applicant has been arrested on 27.08.2022 in connection with Crime No.289/2022 for offence under Sections 8, 21, 22, of the NDPS Act and Section 5/13 of the MP Drugs Control Act registered at Police Station-Sohagi, District-Rewa (M.P.).

4. Learned counsel appearing for applicant submitted that only 13 bottles of Onrex Cough Syrup have been sized from applicant. Applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 27.08.2022. Vide order dated 28.09.2022, applicant was granted liberty to file repeat application after period of three months. Investigation in the case is complete. Applicant is aged about 40 years and only single man in the family to look after his family. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be

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