Amit Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 6797 MP

                                                            1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 26 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 16402 of 2023

                          BETWEEN:-
                          AMIT DUBEY, S/O JAGESHWAR DUBEY, AGED ABOUT 30
                          Y E A R S , OCCUPATION: LABOUR   RESIDENT OF
                          GADEWARA POLICE STATION CIVIL LINE, DISTRICT
                          CHHATARPUR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY SHRI SANDEEP KUMAR JAIN - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION GHAMAPUR, DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI AMIT RAIZADA - PANEL LAYWER)

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

This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No.480/2017 dated (not mentioned) registered at Police Station Ghamapur, District Jabalpur (M.P.) for the offence mentioned therein. The applicant is in custody since 31/01/2023.

As per the prosecution, on an information, a raid was conducted on 13/06/2017. It is stated that seeing the police party, 2 persons ran away, 3 persons were arrested and from their possession 40.200 Kg of Ganja was seized. The other co-accused Rohit Sonkar who allegedly ran away alongwith Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 4/26/2023 5:00:06 PM

the present applicant was tried in Special Case No.38/2017 alongwith the co- accused namely Amit Shrivastava, Datarav Reddy and Kimududas Babu. By judgment dated 21/01/2019, Amit Shrivastava, Datarav Reddy and Kimududas Babu have been convicted under Section 8/20 (B)(ii)(C) of NDPS Act, however Rohit Sonkar has been acquitted on the ground of insufficiency of evidence. The applicant has been arrested after a period of 6 years.

The contention of learned counsel for the applicant is that the present case is similar to that of Rohit Sonkar, who has been acquitted by the trial Court. It is stated that this case is of mistaken identity as in the FIR no address or father's name has been mentioned. It is stated that the applicant is not a

resident of Jabalpur but of Chhatarpur and there may be tons of persons having same name Amit Dubey. It is pointed out that the applicant has only been implicated as an accused on the basis of the memorandum of the owner of the house where the applicant was allegedly staying as tenant.

From the judgment dated 21/01/2019, it is evident that the owner of the house on whose memorandum the present applicant and Rohit Sonkar were impleaded as accused has not been examined and on this ground only Rohit Sonkar has been acquitted.

Considering the aforesaid, this application is allowed. It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C., and he would cooperate in the trial and appear before the trial Court on each and every date as is required. In case if he Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 4/26/2023 5:00:06 PM

misses out a single appearance, this bail order will stand cancelled automatically and the concerned authorities will be at liberty to arrest him.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 4/26/2023 5:00:06 PM