Madhya Pradesh High Court
Dinesh Yadav vs The State Of Madhya Pradesh on 10 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11894/2022
(DINESH YADAV VS. STATE OF M.P.)
Gwalior, Dated : 10/03/2022
Shri Rajmani Bansal, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Second bail application of the applicant
was dismissed as withdrawn by order dated 24/11/2021 passed in
MCRC No.53741/2021.
The applicant has been arrested on 14/04/2021 in connection
with Crime No.160/2021 registered at Police Station Sironj, District
Vidisha for offence under Section 8/21 of the NDPS Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, 5 grams of smack was seized from the
possession of the applicant and as per serial No.56 of notifications
specifying the small quantity and commercial quantity, it is clear
that the small quantity of Heroin is 5 grams. The applicant is in jail
from 14/04/2021. In view of the criminal antecedents of the
applicant, he is ready and willing to abide by any stringent
condition, which may be imposed by this Court. The Trial is likely
to take sufficiently long time and there is no possibility of his
absconding or tampering with the prosecution case.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11894/2022
(DINESH YADAV VS. STATE OF M.P.)
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant has a criminal
history and 13 more criminal cases have been registered against the
applicant.
Considering the period of detention as well as the criminal
history of the applicant, this Court is of the considered opinion that
he can be granted bail only on stringent condition and without
commenting on the merits of the case, the application is allowed. It
is directed that the applicant shall be released on bail on furnishing
cash surety of Rs.3,00,000/- (Rupees Three Lacs) to the
satisfaction of the Trial Court/Committal Court to appear before the
Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in
case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the
Trial Court, or in case of registration of new offence, this bail order
shall automatically come to an end and the cash surety so furnished
by the applicant shall automatically stand forfeited without any
reference to the Court.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat and others Vs. State of M.P. Passed on
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11894/2022
(DINESH YADAV VS. STATE OF M.P.)
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed
by PRINCEE
BARAIYA
Date: 2022.03.10
16:59:40 -08'00'
