IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI th ON THE 9 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4362 of 2024 BETWEEN:-

VAJIM MANSOORI S/O MUNNA PAINTER, AGED ABOUT 24 YEARS, OCCUPATION: LABOUR R/O NAZIRABAD P.S.

CITY KOTWALI DISTRICT SATNA (MADHYA PRADESH)

.....APPLICANT (BY SHRI OM PRAKASH TRIPATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CITY KOTWALI DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT (BY SHRI SHAILENDRA MISHRA - PANEL LAWYER FOR THE RESPONDENT/STATE )

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

ORDER

This is first application under Section 439 of the Cr.P.C. has been filed on behalf of the applicant for grant of bail in connection with FIR/Crime No.360/2023 dated 07.05.2023 registered at Police Station City Kotwali, District Satna, M.P. for the offence punishable under Section 8, 21 and 22 of NDPS Act and Section 5/13 of M.P. Drug Control Act.

2. As per the case of the prosecution, about 16 bottles of Onrex cough syrup is alleged to have been seized from the possession of the applicant. 3. Learned counsel for the applicant contends that the applicants have Signature Not Verified been falsely implicated in the present case. The applicant is in custody since 06.05.2023. There is no criminal past of the applicant. There is no probability of his absconding or tampering with the evidence of the prosecution. Thus, counsel submits that the applicant deserve to be enlarged on bail.

4. Per contra, learned counsel for the respondent has opposed the prayer and submitted that there is a seizure of 16 bottles of Onrex cough syrup from the applicant. Therefore, taking into consideration the conduct of the applicant, the applicants are not entitled to be enlarged on bail.

5. Heard the submissions and perused the case diary.

6. A perusal of the case diary it reflects that there is seizure of16 bottles of Onrex cough syrup from the applicant. The applicant has no criminal antecedent and he is in custody since 06.05.2023.

7. Considering the overall facts and circumstances of the case, period of incarceration of the applicant, the fact that there is no criminal past against him and also that trial would take considerable time to conclude, this Court is of the considered view that it is a fit case to release the applicant on bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

8. It is directed that the applicant-Vajim Mansoori shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each 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.

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

Signature Not Verified

10. Accordingly, this M.Cr.C. stands disposed of (MANINDER S. BHATTI)

JUDGE veni Signature Not Verified