Madhya Pradesh High Court
Lucky @ Prashant Saket (Dewangan) vs The State Of Madhya Pradesh on 21 December, 2021
Author: Vishal Mishra
1 MCRC-56770-2021
The High Court Of Madhya Pradesh
MCRC No. 56770 of 2021
(LUCKY @ PRASHANT SAKET (DEWANGAN) Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-12-2021
Shri Anil Khare, learned Senior Advocate with Shri Priyank Agrawal,
learned counsel for the applicant.
Shri Gaurav Tiwari, learned Panel Lawyer for the respondent/State.
This is the second bail application under Section 439 of Cr.P.C filed
by the applicant for grant of bail.
The applicant has been arrested on 31.12.2020 by Police Station City
Kotwali, District Rewa (M.P.) in connection with Crime No.1002/2020
registered in relation to the offence punishable under Sections 8B, 20, 21, 22
of the NDPS Act, Section 5/13 of the M.P.Drug Control Act, under Section
34 (2) of the M.P.Excise Act and under Section 4a of the Public Gambling
(M.P.) Act.
It is alleged that his first application was dismissed on merits by this
court vide order dated 18.06.2021 passed in M.Cr.C.No.24822/2021.
The main ground for rejection of the first bail application that he has
long criminal history of 37 cases. It is submitted that he has been acquitted in
four cases and in six cases are of minor offences which are already stand
closed. Applicant is in custody since 31.12.2020. He is ready to abide by all
the terms and conditions that has been imposed by this Court. He prays for
grant of bail. He has filed the order sheets of the trial court to demonstrate the
fact that the trial is not proceeding in the matter therefore, keeping the
applicant in custody will amounts to pre-trial conviction, which is not
permissible. He has placed reliance upon the judgment passed by the Hon'ble
Supreme Court in the case of Prabhakar Tewari Vs. State of Uttar
Pradesh and Another reported in 2020 (11) SCC 648 and has argued that
the accused is having a criminal history cannot be a ground to deny the bail to
the applicant.
P er contra, learned counsel appearing for the State has vehemently
Signature Not Verified
SAN
Digitally signed by SHALINI LANDGE
Date: 2021.12.23 11:39:43 IST
2 MCRC-56770-2021
opposed the application stating that the matter was dealt in detailed by this
court in detail and the application has already been rejected on 18.06.2021.
The applicant is history sheeter having a long criminal history of 37 criminal
cases. The proceedings under the National Security Act has already been
initiated against the applicant. There are several cases, which are heinous in
nature and are also registered against the present applicant. The details of
criminal history are here as under:-
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cnek'k ydh mQZ izlkUr nsokaxu firk Lo- oa'kifr lkdsr mez 25 o"kZ
fuoklh vkUkUn uxj cksnkckx jhok Fkkuk fo'ofo?kky; ftyk jhok ¼e-
iz-½
dz- vi-dz- /kkjk Fkkuk
1- [email protected] 151 tk-QkS- fo- fo- jhok
2- [email protected] 294]323]506]34 rk-fg- fo- fo- jhok
3- [email protected] 341]294]323]505 rkfg fl-yk- jhok
4- [email protected] 294] 325]506]34 rk-fg fo- fo- jhok
5- [email protected] 294] 452]323]427]506]34 rk-fg fo- fo- jhok
6- [email protected] 307]147]148]149] rk-fg- 3¼2½]5 fo- fo-
jhok
,[email protected],l Vh- ,DV
7- [email protected] 25ch vkElZ ,DV fo- fo- jhok
8- [email protected] 110 tk-QkS- fo- fo- jhok
9- [email protected] 307]294]506&ch]34 rk-fg- fo- fo- jhok
10- [email protected] 294]324]326]506]34 rk-fg- fo- fo- jhok
11- [email protected] 294]147]148]427]327]506]452]323 rk-fga fo- fo-
jhok
12- [email protected] 307]34 rk-fg- [email protected] vkElZ ,DV flVh dksrokyh
jhok
13- [email protected] 294]452]440]506]336]34 rk-fg- fo-fo- jhok
Signature Not Verified
14- [email protected] 3 jk"Vzh; lqj{kk vf/kfu;e 1980 fo- fo- jhok
SAN
Digitally signed by SHALINI LANDGE
Date: 2021.12.23 11:39:43 IST
3 MCRC-56770-2021
15- [email protected] 4 e/;izns'k jkT; lqj{kk vf/kfu;e 1990 fo- fo- jhok
16- [email protected] 395 rk-fg- cSdq.Biqj
17- [email protected] 294]452]506&ch]34 rk-fg- fo- fo- jhok
18- [email protected] 452]294]323]506]34 rkfg fl-yk- jhok
19- [email protected] 342]327]323]294]506]34 rkfg- fl-yk-jhok
20- [email protected] 14 e-iz- jkT; lqj{kk vf/kfu;e 1990 fo- fo- jhok
21- [email protected] jk"Vzh; lqj{kk vf/kfu;e 1980 dh /kkjk 03 fo- fo- jhok
22- [email protected] 294]323]506]34] rkfg- fcfN;k jhok
23- [email protected] 294]323]506]34] rkfg- fcfN;k jhok
24- [email protected] 294]323]452]427]506ch] 34 rk-fg- lxjk jhok
25- [email protected] 452]294]323] 506]34 rkfg fo- fo- jhok
26- [email protected] 147]148]149]307] 294]364]rkfg- pksjgVk jhok
27- [email protected] 294]323]506]34 rkfg leku jhok
28- [email protected] 294]427]506]34 rkfg leku jhok
29- [email protected] 392 rkfg fo-fo- jhok
30- [email protected] 420]467]468]471 rkfg fo-fo- jhok
31- [email protected] 34&2 vkcdkjh ,DV ,oa 420]468]471 flVh dksrokyh
jhok
rkfg
32- [email protected] 34&2 vkcdkjh ,DV xq<+
33- [email protected] 25&ch vkElZ ,DV pksjgVk jhok
34- [email protected] 8&ch]20&ch ,u-Mh-ih-,l- ,DV flVh dksrokyh
jhok
35- [email protected] 34&2 vkcdkjh ,DV fl-yk-jhok
36- [email protected] 8&ch]20&ch]21]22 ,u-Mh-ih-,l ,DV flVh
dksrokyh jhok
[email protected] vkS"kf/k fu;a=.k vf/kfu;e ,oa
34&2 vkcdkjh ,DV ,[email protected]&d lV~Vk
,DV
Signature Not Verified
SAN
37- [email protected] jk"Bªh; lqj{kk vf/kfu;e 1980 dh /kkjk flVh
Digitally signed by SHALINI LANDGE
Date: 2021.12.23 11:39:43 IST
4 MCRC-56770-2021
dksrokyh
03 jhok
Fkkuk izHkkjh
flVh dksrokyh ftyk jhok**
There are no documents filed by the counsel for the applicant to point
out the out come of all the criminal cases of the applicant. In such
circumstances, no ground for bail is made out.
Considering the overall facts and circumstances of the case and the
fact that the applicant is having a long criminal history and counsel appearing
for the applicant has not filed all the documents to demonstrate the out come
of the criminal history of the applicant, this Court is not inclined to allow this
application.
The application is hereby rejected.
(VISHAL MISHRA)
JUDGE
Sha
Signature Not Verified
SAN
Digitally signed by SHALINI LANDGE
Date: 2021.12.23 11:39:43 IST
