Digambar Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 15976 MP

                                                             1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 2 nd OF DECEMBER, 2022
                                           MISC. CRIMINAL CASE No. 54113 of 2022

                          BETWEEN:-
                          DIGAMBAR    RATHORE,   S/O SHRI   PRITAMLAL
                          RATHORE, AGED ABOUT 36 YEARS, R/O VILLAGE
                          RAMPUR, AT PRESENT RESIDENT OF PURANI BASTI,
                          DISTRICT ANUPPOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI RISHABH SINGH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH, THROUGH P.S.
                          KOTWALI, SHAHDOL, DISTRICT SHAHDOL (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)

                                This application coming on for admission this day, the Court passed
                          the following:
                                                              ORDER

This is the third bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn vide order dated 13.12.2021 passed in M.Cr.C. No.57180 of 2021 with liberty to repeat the same after filing of the charge-sheet. His second bail application was dismissed on merits vide order dated 11.03.2022 passed in M.Cr.C. No.6767 of 2022.

The applicant has been arrested on 13.08.2021 by Police Station Kotwali, Shahdol District Shahdol in connection with Crime No.661/2021 for the Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 12/6/2022 4:43:07 PM

offence punishable under Section 8 and 20 of N.D.P.S. Act.

No new grounds are available to the applicant after rejection of the second bail application. It is only pointed out that the trial is proceeding at a very low pace. To substantiate his arguments with respect to violation of mandatory provision of Section 42 of the NDPS Act and the criminal antecedents, he has placed reliance upon certain judgments of the Hon'ble Supreme Court i.e. (2016) 11 SCC 687 and (2020) 11 SCC 648.

P e r contra, learned counsel appearing for the State has vehemently opposed the application stating therein that there is active participation of the applicant in commission of offence. It is stated that there are 12 criminal cases

registered against the present applicant out of which seven cases are registered under the provisions of N.D.P.S. Act. In view of the aforesaid, no case for grant of bail is made out, therefore, he has prayed for dismissal of this application.

From the record, it is seen that at the time of rejection of earlier application, the compliance of Section 42 of the NDPS Act was considered in the case of co-accused Sunil Kumar Rao in M.Cr.C. No.22937 of 2022 which was dismissed vide order dated 13.07.2022. As far as criminal antecedents of the applicant, are concerned, the applicant is having a criminal history of 12 cases out of those 7 cases are under the NDPS Act as well as the fact that no new ground is available to the petitioner, no case for grant of bail is made out.

Considering the over all facts and circumstances of the case, this Court does not deem it appropriate to allow this application.

Accordingly, the application is hereby rejected.

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 12/6/2022 4:43:07 PM

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 12/6/2022 4:43:07 PM