Mukesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2257 MP

                                                                  1                            MCRC-13131-2021
                                         The High Court Of Madhya Pradesh
                                                   MCRC-13131-2021
                                                     (MUKESH Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 10-06-2021
                                        Heard through Video Conferencing.
                                       Shri Ajay Kumar Jain, learned counsel for the applicant.
                                       Shri Pramod Chourasiya, learned PL for the respondent/State.

Heard with the aid of case diary.

This is fifth bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Mukesh was arrested on 02/08/2019 in Crime No.307/2019 registered at Police Station Talaiya, District Bhopal (M.P.) for the offence punishable under Sections 8/18 of N.D.P.S. Act.

T h e first and second bail applications of the applicant were dismissed as withdrawn by this Court vide orders dated 27/11/2019 & 20/1/2020 passed in M.Cr.C.Nos.34969/2019 & 1309/2020, third bail application was dismissed on merit vide order dated 27/07/2020 passed in M.Cr.C.No.8278/2020 and fourth application for temporary bail was allowed vide order dated 22/12/2020 passed in M.Cr.C.No.42837/2020.

A s per prosecution case, on the information of informant police apprehended the applicant and seized 400 gm of charas from his possession which was illegally kept by the applicant in a plastic bag.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The other co-accused Mahendra Kuchnabdhiya has been granted bail by this Court vide order dated 13/1/2020 passed in M.Cr.C. No.53887/2019. The applicant is in custody since 02/08/2019. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that 15 other offences are also registered against the applicant. Earlier bail application filed by the applicant was dismissed on merit and thereafter there is no change in circumstance, so he should not be released on bail.

The case of the present applicant is not similar to the case of co- accused who was granted bail by this Court vide order dated 13/1/2020 passed in M.Cr.C.No.53887/2019. The applicant has criminal past. 15 Signature Not Verified other offences including the cases under the provisions of NDPS Act are SAN

also registered against the applicant. So, the applicant is not entitled for Digitally signed by ANURAG SONI Date: 2021.06.10 17:06:35 IST 2 MCRC-13131-2021 grant of bail on the ground of parity.

T h e first and second bail applications of the applicant were dismissed as withdrawn by this Court vide orders dated 27/11/2019 & 20/1/2020 passed in M.Cr.C.Nos.34969/2019 & 1309/2020 and third bail application was dismissed on merit vide order dated 27/07/2020 passed in M.Cr.C.No.8278/2020, thereafter there is no change in circumstance, except custody period. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

It is alleged that pol i ce seized 400 gm of smack from the possession of the applicant. The applicant has criminal past and 15 other offences including the cases under the provisions of NDPS Act are also registered against the applicant, so this Court is not inclined to grant bail to the applicant.

Hence, this application is rejected.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.06.10 17:06:35 IST