Kunwar Pratap Singh @ Shivam vs The State Of Madhya Pradesh
2021 Latest Caselaw 8186 MP

                                                                        1                           MCRC-42702-2021
                                             The High Court Of Madhya Pradesh
                                                     MCRC No. 42702 of 2021
                                               (KUNWAR PRATAP SINGH @ SHIVAM Vs THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated : 03-12-2021
                                           Shri Manish Datt, learned Senior Advocate with Shri Nishank Pal

                                     Varma, learned counsel for the applicant.
                                           Shri Abhishek Singh, learned Panel Lawyer for the respondent/State.

This is the second bail application under Section 438 of Cr.P.C by the applicant. He is apprehending his arrest in connection with Crime

No.106/2019, registered at Police Station Janeh, District Rewa (M.P.) in relation to the offence punishable under Section8, 20 (b) of the NDPS Act.

His first application was dismissed as withdrawn vide order dated 16.06.2020 passed in M.Cr.C.No.13717/2020.

The repeat application has been filed on the ground that the present applicant is the principal accused and has already been arrested. The applicant is only the driver of the vehicle containing contra band article. There is no recovery from the possession of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while

considering his anticipatory application for bail.

Per contra, counsel appearing for the State has opposed the application stating that he was the person who was driving the vehicle from which contra band article total 41 Kgs. of Ganja was recovered. The owner of the vehicle has already been arrested in the matter. In such circumstances, he has prayed for dismissal of the bail application.

Considering the overall facts and circumstances of the case and the judgment passed by the Supreme Court in the case of G.R.Ananda Babu Vs. State of Tamilnadu [SLP (Criminal) No.213/2021], no case for bail is made out. The application is hereby rejected. The applicant is directed to surrender before the trial Court and apply for regular bail.

Signature Not Verified
  SAN                                                                                         (VISHAL MISHRA)
                                                                                                   JUDGE
Digitally signed by SHALINI LANDGE
Date: 2021.12.04 12:11:48 IST
                                            2   MCRC-42702-2021
                                     Sha




Signature Not Verified
  SAN




Digitally signed by SHALINI LANDGE
Date: 2021.12.04 12:11:48 IST