Baldev Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8792 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      M.Cr.C. No.43741/2021
                  (Baldev Singh Vs. State of M.P.)
                                                                  -1-
Indore, dated 14/12/2021
      Shri Ashish Gupta, learned counsel for the applicant.
      Shri Manoj Soni, learned counsel for the
      This is Fifth application under Section 439 of Cr.P.C. filed on
behalf of the applicant for grant of bail. The applicant is implicated
in connection with Crime No.5/2019 registered at Police Station-
NCB Central, District- Indore M.P. for offence punishable under
Sections 8/20-(b)(ii), 29 and 27-A of the NDPS Act. The applicant is
in custody since 22.10.2019.

02.   As per prosecution story, on 14.10.2019, officers of NCB
received discrete information regarding illegal transportation of the
contraband. To act upon the said information, NCB intercepted a
truck at Dewas Naka bearing registration No.PB-08-DG-2312 while
coming from Andhra Pradesh to Indore and 185 Kgs. Ganja was
recovered from the possession of Pratipal Singh and Manjindar
Singh. During investigation, it was further gather that the applicant
and other co-accused conspired for purchasing the said Ganja. In
pursuance to conspiracy, the said contraband was supplied to other
co-accused persons.

03.   Learned counsel for the applicant contended that the applicant
is innocent person and he has been falsely implicated in this
offence. His earlier bail application was dismissed on merits vide
order dated 30.07.2021. He has been made accused on the basis of
memorandum of co-accused under Section 67 of NDPS Act but, it
does not contain evidentiary value in light of the judgment in the
case of Toofan Singh VS. Tamil Nadu, reported SSC (4) 2021 page
1, hence, under the above circumstances, prayer for grant of bail
      HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                                M.Cr.C. No.43741/2021
                            (Baldev Singh Vs. State of M.P.)
                                                                          -2-
 may be considered on such terms and conditions, as this Court
 deems fit and proper.

 04.            Per contra, learned counsel for the respondent - State opposes

the bail application and prays for its rejection by stating that applicant's earlier bail application was dismissed on merits and there are no material changes in the circumstances after passing the earlier order, therefore, the applicant does not deserve to be enlarged on bail.

05. Perused the case-diary as well as the impugned order passed by the trial court.

05. Considering all the facts and circumstances of the case and also the nature and gravity of the allegation and also taking note of the fact that earlier also the applicant's bail application was dismissed on merits vide order dated 30.07.2021 passed in M.Cr.C. No.18291/2021 by the coordinate Bench of this Court. In the earlier bail order, all the arguments of the present applicant were properly considered and the Court has dismissed the bail application by way of a detailed order, hence, there are no changes in the circumstances in which the bail application of the present applicant can be considered. Accordingly, this repeated 5th bail application is dismissed.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.12.15 19:57:23 +05'30'