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Madhya Pradesh High Court · body

2016 DIGILAW 1146 (MP)

Anil Agarwal v. State of M. P.

2016-12-14

D.K.PALIWAL

body2016
JUDGMENT : D.K. Paliwal, J. Heard. 2. This is first bail application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail. 3. The applicant is apprehending his arrest in connection with Criminal Case No. 3088/2015 for the offences punishable under sections 18-A, 18-B, 27-D, 28-A of Drugs and Cosmetics Act, 1940. 4. It is alleged by the prosecution that the applicant has supplied drugs which were substandard and this complaint has been filed for violation of Section 18-A, 27-B, 18-B and 28-A of the Drugs and Cosmetics Act, 1940. It is submitted by counsel for the applicant that the applicant has not committed any offence. ON the basis of private complaint earlier warrant of arrest was issued against the applicant which was challenged by the applicant before this Court by filing Criminal Revision No. 815/2016. Vide order dated 7.9.2016, the order regarding warrant of arrest issued against the applicant was set aside. It is further submitted that the offence alleged to have been committed by the applicant are punishable upto three years of imprisonment. There is no likelihood of his abscontion. On these grounds, prayed for bail. 5. Learned Panel Lawyer for the State opposed the application and prayed for its rejection. 6. Taking into consideration the allegation against the applicant and the fact that there is no likelihood of his abscontion, but without commenting on the merits of the case, this application is allowed and it is directed that the applicant shall appear before the trial Court on 21.12.2016 and in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicants shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. 7. This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court. C.C. as per rules.