Madhya Pradesh High Court
Ashish Rai @ Sonu vs The State Of Madhya Pradesh on 28 June, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
MCRC-31446-2021
(ASHISH RAI @ SONU Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 28.06.2021
Heard through video conferencing.
Shri Atul Gupta, learned counsel for applicant.
Shri Vinod Pathak, learned P.L., for respondent/State.
Heard learned counsel for the parties.
The applicant has filed this second application under Section
438 of the Cr.P.C. for grant of bail. Earlier bail application was
dismissed on merits vide order dated 04.05.2021 in M.Cr.C. No.
21620/2021.
The applicant has filed this second application u/S.438 Cr.P.C.
For grant of anticipatory bail as he has apprehension of his arrest in
connection with Crime No.264/2020 registered at Police Station
Bahodapur, District Gwalior for the offences punishable under
Sections 34(2) and 42 and 44 of M.P. Excise Act.
It is submitted that the applicant has falsely been implicated in
the present case and he has not committed any offence in any manner.
He has drawn attention of this Court to earlier rejection order, wherein
the Hon'ble Court has considered the application and rejected on the
basis of the statement recorded under Section 161 of Cr.P.C. one
Raghuveer who stated that the present applicant has loaded the liquor
in the vehicle. He has been roped up in the present case only on the
basis of memo of 27 of Evidence Act which is not permissible in the
HIGH COURT OF MADHYA PRADESH
MCRC-31446-2021
(ASHISH RAI @ SONU Vs THE STATE OF MADHYA PRADESH)
law laid down by this Court in the case of Suresh Upadhyay vs. State
of M.P. And Grajendra reported in 2017 (1) M.P.L.J (Cri.) 623,
wherein, this Court has quashed the FIR registered under the Excise
Act, wherein the accused has been roped up only on the basis of Memo
of 27 of Evidence Act. He has further relied upon the judgment passed
in M.Cr.C. No. 24305/2021 (Dharmveer Vs. State of M.P.), wherein,
the similar analogy was followed by this Court. It is submitted that
looking to the present scenario of COVID-19 and the law laid down by
the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of
Bihar, reported in 2014 (8) SCC 469, he prays for grant of second
anticipatory bail. He is ready to abide by all the terms and conditions as
may be imposed by this Court and prays for grant of bail and also
shown his willingness to render his services during this COVID 19
pandemic scenario.
Per contra, State counsel has opposed the bail application stating
that earlier bail application was rejected on merits vide order dated
04.05.2021. Filing of subsequent application under Section 438 of
Cr.P.C. is barred and is not maintainable in terms of the law laid down
by the Hon'ble Supreme Court in the case of G.R. Ananda Babu vs
The State Of Tamil Nadu passed in Cri. Appeal No. /2021 arising
out of SLP (Cri.) No. 213 of 2021 and has argued that from the case
diary, the statement of one Rajendra Kushwaha is clearly reflected,
HIGH COURT OF MADHYA PRADESH
MCRC-31446-2021
(ASHISH RAI @ SONU Vs THE STATE OF MADHYA PRADESH)
wherein he has seen the present applicant in committing the offence. In
such circumstances, no case for bail is made out against the present
applicant. It is further submitted that he is still absconding in the matter
and is not cooperating in the investigation. Apart from this, applicant is
having a criminal history of six cases out of which four cases
registered under Excise Act and two cases registered under Section 302
of IPC.
At this Stage, counsel for the applicant submits that all the cases
registered under the Excise Act are closed down.
Taking into consideration over all facts and circumstances of the
case and also the fact that on earlier occasion, this Court has dealt with
the earlier application in detail and has rejected the same on merits, no
new ground is available to the applicant for grant of bail. Accordingly,
the present bail application is hereby rejected. However, he is directed
to surrender and apply for regular bail.
(Vishal Mishra)
LJ*/- Judge
LOKENDRA
JAIN
2021.06.30
11:02:13
-07'00'
