Dinesh Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 1171 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-15274-2021
                 Dinesh Sahu Vs. State of MP

Gwalior, Dated : 31.03.2021

      Shri Rishikesh Bohare, Counsel for the applicant through video

conferencing.

      Shri R.B. Tripathi, Counsel for the State.

      Case Diary is available.

      This is first application filed under Section 438 of Cr.P.C. for

grant of anticipatory bail.

      The applicant apprehends his arrest in connection with Crime

No.172/2021 registered by Police Station Cantt. District Guna for

offence punishable under Sections 379, 414 of IPC and Sections

21(1), 4(A) of Mines and Minerals (Development and Regulation)

Act, 1957 and Sections 3 and 4 of Prevention of Damages to the

Public Property Act, 1984.

      It is submitted by the counsel for the applicant that according to

the prosecution case, 10 dumpers of Bhasua sand was seized from

Shrinath Traders Building Suppliers, which was stored without

payment of royalty. It is submitted by the counsel for the applicant

that in fact, Bhoora Sahu, brother of the applicant is the proprietor of

Shrinath Traders. Four dumpers of sand was purchased on

29.01.2021

, 04.02.2021, 06.02.2021 and 10.02.2021 and, therefore, it

is clear that the allegation that the Bhasua sand was stored without

payment of royalty is incorrect and electronic transit pass have been

THE HIGH COURT OF MADHYA PRADESH MCRC-15274-2021 Dinesh Sahu Vs. State of MP

filed along with the bail application.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted by the counsel for the State that

according to the prosecution case, 10 dumpers of Bhasua sand was

seized from the possession of the applicant, which was stored without

payment of royalty. Even if e-TP which has been filed by the

applicant is considered, still it is clear that total quantity of sand

which was seized from the possession of the applicant was not

purchased by the applicant.

Considering the submissions made by the counsel for the

applicant and considering the judgment passed by the Supreme Court

in the case of Jayant Vs. State of MP by order dated 03.12.2020

passed in Criminal Appeal No. 824-825 of 2020, coupled with the

fact that the illegal mining is disturbing the ecological balance of the

area and incidents of illegal mining are increasing day by day, no case

is made out for grant of anticipatory bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2021.03.31 16:51:49 +05'30'