Divynarayan @ Bantu vs The State Of Madhya Pradesh
2023 Latest Caselaw 5232 MP

                                                            1
                           IN        THE    HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 29 th OF MARCH, 2023
                                           MISC. CRIMINAL CASE No. 7351 of 2023

                          BETWEEN:-
                          DIVYNARAYAN @ BANTU S/O PRADEEP PATHAK, AGED
                          ABOUT 26 YEARS, OCCUPATION: LABOR R/O VANDANA
                          NAGAR CHHOTA BANGADDA TEHSIL DEPALPUR DISTT.
                          INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY MR. AVINASH SIRPURKAR - SENIOR ADVOCATE WITH MR. YOGESH
                          KUMAR GUPTA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION DHARAMPURI,
                          DISTT. DHAR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY MS. VARSHA THAKUR - GOVERNMENT ADVOCATE)

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

Heard on IA.No.3351/2023, which is an application for dispensing with typed copy / legible copy of documents.

The aforesaid documents are quite legible, therefore, IA.No.3351/2023 is allowed and applicant is dispensed with from filing typed / legible copy of the documents.

Also heard on IA.No.3585/2023, which is an application for urgent hearing.

Matter is already taken up for hearing, therefore, this application stands Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/29/2023 6:16:35 PM

disposed off being rendered infructuous.

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 06/11/2022 in connection with Crime No.534/2022 registered at Police Station Dharampuri, District Dhar (M.P.) for commission of offence punishable under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

As per the prosecution story, on 06/11/2022 police received a discrete information from the informant regarding the illegal transportation of contraband. Acting upon said information, police party reached on the spot and

intercepted the present applicant Divy Narayan and recovered 02 kg Ganja from his possession. Accordingly, offence has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 06/11/2022. Co-accused Devisingh has been enlarged on bail by this Court vide order dated 18/01/2023 passed in M.Cr.C.No.2068/2023 in the similar circumstances. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Although criminal case has been registered against the present applicant, but he has been acquitted for the offence under Section 302/34 of the IPC by the concerned trial Court. Other cases registered against him have also been disposed of and he has filed copy of the judgments passed in the concerned cases. Applicant is the permanent resident of Dhar district and final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per contra, learned counsel for the respondent / State opposes the bail

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/29/2023 6:16:35 PM

application and prays for its rejection by submitting that eight criminal antecedents have been found against the applicant, out of which four cases are related with the similar offences. Applicant is a habitual offender, hence, he is not entitled to be released on bail.

Perused the impugned order of the trial Court as well as the case diary. Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that applicant is in custody since 06/11/2022; seized quantity of the contraband is below than the commercial quantity therefore, bar under Section 37 of the NDPS Act would not be attracted in the instant case; investigation is over, therefore, no further custodial interrogation of the applicant is required; other criminal cases registered for various offences against the applicant have already been disposed off by the trial Court; co-accused Devisingh has been enlarged on bail by this Court in similar circumstances and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail.

Accordingly, without commenting upon the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with one solvent surety in the like amount to the

satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/29/2023 6:16:35 PM

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 3/29/2023 6:16:35 PM