Vishnu Gupta @ Lalla vs The State Of Madhya Pradesh
2021 Latest Caselaw 4141 MP

                                  1                            MCRC-38334-2021
        The High Court Of Madhya Pradesh
                  MCRC-38334-2021

(VISHNU GUPTA @ LALLA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-08-2021 Shri Sharad Verma, counsel for the applicant through video

conferencing.

Shri Harish Shukla, Panel Lawyer for the State. Case diary is available.

This is the first application filed by the applicant under Section

439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 22.1.2021 in connection with Crime No.80/2021 registered at P.S. Ranjhi, District Jabalpur for the offences punishable under Sections 420, 272 of the IPC and Sections 51, 52, 26(2)(ii) of the Khadya Suraksha Aur Manak Adhiniyam.

As per allegation, the applicant was preparing and selling artificial Ghee by mixing Vanaspati Ghee and Soyabean oil by deceiving the public at large to gain illegal profit.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the case. The applicant is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.

Learned Panel Lawyer submits that the applicant is a habitual offender. Previously 6 cases were registered against him and two of them were registered for similar offence. Proceedings under the National Security Act were also initiated against the applicant.

To counter the contentions of learned Panel Lawyer, learned counsel for the applicant submits that the applicant has not been convicted in any of the offence previously registered against him. It is further submitted that the proceedings under the National Security Act 2 MCRC-38334-2021 have been quashed by the Division Bench of this Court. Learned counsel for the applicant has placed reliance on the judgment of the Supreme Court in the case of Prabhakar Tewari Vs. State of U.P. and another passed on 24.1.2020 in Criminal Appeal Nos. 152/2020 and 153/2020 to submits that pendency of previous criminal cases cannot be the basis for

refusal of prayer for bail.

I have heard learned counsel for the parties at length. Although the Supreme Court in the case of Prabhakar Tewari (supra) has observed that previous criminal record cannot be the basis for refusal of bail, however, in the present case previously six cases were registered against the applicant and out of them, two cases were registered under the same provision. In the present case, two big size aluminum container containing 120 Kgs. Ghee each, one small container containing 40 Kg Ghee, 380 Packets containing 500 gram Ghee each, two containers containing 15 Kgs. Ghee each, one container containing 5 Kgs Ghee, one mixer, 46 empty containers of Vanaspati Dalda, 4 containers filled with Vanaspati Ghee etc. were recovered from the possession of the applicant. As per the above allegations, the applicant was preparing and selling artificial Ghee in large quantity in order to obtain illegal profit, which could adversely affect the health of a large number of people in the society.

Looking to the gravity of offence, I do not find it to be a fit case to release the applicant on bail. The application is hereby dismissed.

(SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2021.08.10 17:23:27 +05'30'