Aditya Tiwari @ Betu vs The State Of Madhya Pradesh
2023 Latest Caselaw 2074 MP

                                                            1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                             ON THE 6 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 4111 of 2023

                         BETWEEN:-
                         ADITYA TIWARI @ BETU, S/O SHARDA PRASAD TIWARI,
                         AGED ABOUT 26 YEARS, OCCUPATION: PVT. JOB, R/O
                         WARD NO. 07, BEHIND JILA CHIKITSALAY PANDAV
                         NAGAR, POLICE STATON SHAHDOL, DISTRICT
                         SHAHDOL (MADHYA PRADESH)

                                                                                          .....APPLICANT
                         (BY SHRI ANIRUDDH PRASAD PANDEY - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION KOTWALI, DISTRICT SHAHDOL (MADHYA
                         PRADESH)

                                                                                       .....RESPONDENT
                         (BY SHRI SIDDHARTH SINGH - GOVERNMENT ADVOCATE)

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

This is the fifth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed on merits vide order dated 12.10.2022 passed in M.Cr.C. No.31639 of 2022.

The applicant has been arrested on 02.11.2020 by Police Station Kotwali, District Shahdol (M.P.) in connection with Crime No.833/2021 for the offence punishable under Sections 8, 20 of NDPS Act.

The allegation against the present applicant is that 21.600 gms. of ganja has been seized from the joint possession of the applicant and another. Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 2/7/2023 11:23:17 AM

No further material is placed before the Court to show any delay in trial. The judgments of 3 acquittal of the present applicant are being filed alongwith this application, but the fact remains that the applicant is a history sheerer, as earlier 15 cases have been registered against him under Sections 294, 452, 323, 427, 506, 506-B 34, 341, 353, 186, 307, 147, 387, 120-B, 109 of IPC, 25/27, 25-B of the Arms Act, 3/4 of the Explosive Act and 5/12 of the Drugs Control Act, 1949.

Under these circumstances, no benefit of bail is extended to the present applicant, as he is a habitual offender. Accordingly, the bail application is dismissed.

(VISHAL MISHRA) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 2/7/2023 11:23:17 AM