Digambar Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 16136 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                             ON THE 6 th OF DECEMBER, 2022
                                         MISC. CRIMINAL CASE No. 49684 of 2022

                          BETWEEN:-
                          DIGAMBAR RATHORE S/O SHRI PREETAM LAL
                          RATHORE, AGED ABOUT 37 YEARS, OCCUPATION:
                          LABOUR R/O GRAM RAMPUR P.S. AMLAI DISTT.
                          SHAHDOL (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI RISHAB SINGH - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH P.S.
                          SUHAGPUR DISTRICT SHAHDOL (M.P.) (MADHYA
                          PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI ALOK AGNIHOTRI - DY.G.A.)

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

This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.377/2021 registered at Police Station Suhagpur District Shahdol for the offence punishable under Sections 8, 20, 25 & 29 of NDPS Act.

Earlier application of the applicant was dismissed as withdrawn with liberty to move a fresh one after some time vide order dated 06/04/2022.

Counsel for the applicant submits that applicant is in jail since Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 12/9/2022 6:02:20 PM

25/09/2021. He further submits that present applicant has been falsely implicated in the alleged offence that too on the basis of memorandum of co- accused. He submits that on the date of arrest which is shown by the prosecution applicant was already in jail in another offence.

Per contra, counsel for State has opposed the bail application and submitted that the present applicant has been made accused in the present case on the basis of memorandum of co-accused. He submits that the accused persons arrested by the police in other cases have taken the name of present applicant saying that the narcotic substance was being transported at the instance or instruction of present applicant and the vehicle involved in the said

crime was taken on hire/rent by the present applicant. In that offence he had already been arrested and on the basis of memorandum and information given by the accused persons the present applicant has been made accused and his formal arrest was shown in the present case. It is nothing new and nothing illegal has been done if applicant was already in jail and in the subsequent offence committed by the other accused person, his name is taken he cannot be made accused. He submits that present applicant has criminal antecedents and several cases have been registered against him, out of which six cases are related to the provision of NDPS, therefore, at this stage looking to the quantity of narcotic substance and criminal antecedents, present applicant is not entitled to be released on bail.

In response, counsel for the applicant has relied upon a judgment reported in 2020 (11) SCC 648 (Prabhakar Tewari Vs. State of Uttar Pradesh & another) in which Supreme Court has observed that only on the ground of criminal antecedents, bail application cannot be rejected.

I have heard counsel for parties and perused the case diary. Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 12/9/2022 6:02:20 PM

It is not a case in which only on the basis of criminal antecedents bail application is being rejected but considering the surrounding circumstances in which the crime has been committed by other accused persons and name of applicant has been taken showing his involvement is enough to reject the bail application.

Considering the submission made by counsel for parties, perusal of case diary and overall facts and circumstances of the case, this Court does not deem it appropriate to grant bail to the applicant. Accordingly, the same is hereby rejected.

(SANJAY DWIVEDI) JUDGE sushma

Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 12/9/2022 6:02:20 PM