Rahul @ Banti Jaiswal vs The State Of M.P.
2021 Latest Caselaw 7717 MP

                                                                   1                               MCRC-49782-2021
                                        The High Court Of Madhya Pradesh
                                                MCRC No. 49782 of 2021
                                                    (RAHUL @ BANTI JAISWAL Vs THE STATE OF M.P.)

                                3
                                Jabalpur, Dated : 23-11-2021
                                      Shri Brijesh Mishra, learned counsel for the applicant.
                                      Shri Akhilendra Singh, learned Government Advocate for the
                                respondent/State.

This is the first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

T h e applicant apprehends his arrest in connection with Crime No.404/2021 registered at Police Station Sohagpur, District Shahdol for the offences punishable under Sections 8, 21, 22 of the N.D.P.S. Act and Section 5/13 of the M.P. Drug Control Act.

It is submitted that the allegation against the present applicant is that he was driving a motor cycle wherein the co-accused Pankaj Mishra was sitting with the bag containing 85 bottles of cough syrup. It is alleged that they were going towards the forest when they were apprehended. It is further alleged that after seeing the police party Rahul ran away from the spot whereas co-

accused Pankaj Mishra fell down from the motor cycle and was arrested.

Learned counsel for the applicant submits the present applicant has been falsely implicated. He referred to the judgment and decree passed in Civil Suit No.20A/2011 wherein the police control room has been restrained from interfering in the possession of present applicant and further directed to handover the vacant possession of the land to the plaintiff i.e. present applicant within a period of six months. It is pointed out that the land of the present applicant is adjacent to the police station, after the decree, a notice of simankan was sent to the police station, which is filed as Annexure A/3 with the present petition on receipt thereof, the present applicant has been falsely implicated in the matter. He further pointed that there are no criminal Signature Not Verified SAN antecedents recorded against the present applicant which is also verified by

Digitally signed by VARSHA CHOURASIYA Date: 2021.11.23 17:14:42 IST 2 MCRC-49782-2021 the counsel for the State.

On consideration of the documents that are brought on record i.e. copy of the decree as well as notice of simankan and other documents and also the fact that co-accused has been granted bail in MCRC No.49791/2021, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released

on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. It is further directed that the applicant shall also comply with the provisions of Section 438(2) of Cr.P.C.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE

vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2021.11.23 17:14:42 IST