AI Structured Summary
Not yet generated for this judgment
Judgment
Atul Sreedharan, J
This application has been filed on behalf of the applicant under section 439 of the Cr.P.C, for offences under sections 328 of the IPC and sections
6,5,9 and 10 of the Drugs and Cosmetics Act, registered vide Crime No.541/2020, at P.S. Belbag, District Jabalpur.
At the very outset, learned counsel for the applicant has drawn the attention of this Court to the order passed by it on 23.11.2020 in
M.Cr.C.No.44534/2020, by which the co-accused Vishwas Sonkar was granted the benefit of bail.
Learned counsel for the State, however, opposed to the grant of bail as four biles of butenafine injections have been seized from the applicant, which
are opioid product. The said injection is a pain killer and also can be used for drug dependence. However, as the applicant has not been booked under
the NDPS Act and only 328 IPC, which prima facie would not be applicable to the present case as the drug has not been administered to anyone and
the remaining offences are under the Drugs and Cosmetics Act.
Learned counsel for the applicant submits that the facts circumstances of the present applicant is identical to that of the applicant Vishwas Sonkar in
M.Cr.C.No.44534/2020, and therefore, under the circumstances,on the grounds of parity, the application is allowed and it is directed that the applicant
shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of the Trial Court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be
sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.
Certified copy as per rules.