Mag Singh Rajpurohit vs The State Of Madhya Pradesh
2021 Latest Caselaw 5332 MP

                                                        1                           MCRC-37464-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-37464-2021
                                    (MAG SINGH RAJPUROHIT Vs THE STATE OF MADHYA PRADESH)

                      3
                      Jabalpur, Dated : 13-09-2021
                            Heard through Video Conferencing.
                            Shri Rashi Dua, learned counsel, for the applicant.
                            Shri Shivam Hazari, learned Panel Lawyer for the respondent/State.

This is the first bail application under Section 439, Cr.P.C filed by the applicant for grant of bail.

The applicant is arrested on 27.2.2021 by Police Station Station- Betul Bazar, District-Betul in connection with Crime No.71/2021 for the offence punishable under Sections 8/18 of NDPS Act.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. The applicant is owner of the vehicle in question from which contraband article as stated has been recovered from the possession of the applicant. It is further submitted that the applicant is in custody since 27.2.2021. The investigation is over and charge-sheet has been filed in the

matter. The applicant is ready to abide with all the terms and conditions as may be imposed by this Court while considering his application for grant of bail. He has drawn attention to this Court to the complaint made by the wife of the applicant. But when no action was taken, an application under Section 91 of Cr.P.C. was filed before the Special Judge (NDPS) Betul pointing out the fact that necessary information and mobile numbers have been provided to the Police Authorities for proper investigation into the matter but despite of the same no action has been taken. The application has been rejected by the trial Court. It is further pointed out that the CCTV Footage has already been provided to the Police Authorities but the authorities have keeping silent over the matter and has not taken any initiative to investigate into the matter

Signature Not and terms of the complaint made to the Senior Police Authorities as there was SAN Verified

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.09.15 10:53:29 IST 2 MCRC-37464-2021 involvement of two other Police Officers in the matter whose named has been provided to the authorities. The applicant is a first offender and looking to the custody period of the applicant, counsel for the applicant prays for grant of bail.

Learned counsel for the applicant has placed reliance on the following judgments passed by the Supreme Court with respect to the duty of the

police authorities to maintain the CCTV Cameras at the Police Station and further on a judgment passed by the Hob'ble Supreme Court in (2012) 10 SCC 731 with respect to the right of the accused.

P er contra, learned counsel appearing for the State has vehemently opposed the application stating that there is recovery of contraband article from the possession of the present applicant. They were arrested on the spot and the contraband article seized is more than a commercial quantity. The F.S.L. report has not received till date. He has further pointed out that in pursuance to the information given by the applicant in his memo recorded under Section 27 of the Cr.P.C., again the search was made at the premises of the applicant and 2.60 kgs of contraband articles was further recovered. It is argued that looking to the nature of offences which are increasing in the society at large, no case of bail is made out. Hence, he prayed for rejection of this bail.

Considering the over all facts and circumstances of the case as well as the active participation of the applicant in the commission of offence coupled with the fact that there is a recovery of contraband article from the possession of the present applicant, this court is not inclined to allow the application at this stage.

Accordingly, this bail application stands rejected.

                                                                                (VISHAL MISHRA)
                                                                                     JUDGE


Signature Not         irfan
 SAN
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.15
10:53:29 IST
                       3   MCRC-37464-2021




Signature
 SAN      Not
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.15
10:53:29 IST