Hemant Kumar Dwivedi @ Pintu ... vs State Of Madhya Pradesh
2023 Latest Caselaw 7333 MP

                                     1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                        AT JABALPUR
                           BEFORE
          HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                          ON THE 4 th OF MAY, 2023
                MISC. CRIMINAL CASE No. 18970 of 2023

BETWEEN:-
HEMANT KUMAR DWIVEDI @ PINTU DWIVEDI S/O
SHRI RAMSALONE, AGED ABOUT 35 YEARS,
OCCUPATION: BUSINESS (BUS OPERATOR) R/O
VILLAGE RAULI P.S. ATRAILA DISTRICT REWA
(MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI RAKESH DWIVEDI - ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH STATION
HOUSE OFFICER P.S.SAMAN DISTRICT REWA (MADHYA
PRADESH)

                                                             .....RESPONDENT
(BY SHRI YOGENDRA DAS YADAV - GOVERNMENT ADVOCATE)

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

This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail relating to FIR No. 169/2023 dated 16.04.2023 registered at Police Station-Saman, District-Rewa for the offence under Sections 8/20-B of the NDPS Act.

Applicant apprehending his arrest in the aforesaid offence has knocked the portal of this Court for grant of anticipatory bail.

As per the allegation of FIR, 10 kg contraband Ganja (Cannabis) was seized from the possession of applicant and co-accused.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is further submitted that except memorandum of co-accused, there is nothing on record to show that applicant was involved in commission of this crime. The contraband substance has been recovered from the possession of co-accused Shailendra. Applicant has no criminal antecedent. Learned counsel for applicant by placing reliance on the judgment of Ramesh Vs. State of M.P. reported in 2019 SCC Online MP 4020 has prayed for grant of anticipatory bail to the applicant.

On the other hand learned counsel for the State has opposed grant of

anticipatory bail to the applicant I have gone through the case diary and other material available on record. So far as the judgment of Ramesh (supra) is concerned, that case filed under Section 482 of Cr.P.C is related to quashment of FIR, whereas this case is simply pertaining to an application for anticipatory bail, that apart facts of the aforesaid case is different to the facts of the case in hand. Having taken into consideration all the facts and circumstances of the case and quantity of seized contraband substance (cannabis), I am of the considered opinion that it is not a fit case for grant of anticipatory bail.

Consequently, this first anticipatory bail application under Section 438 of the Code of Criminal Procedure filed on behalf of applicant stands dismissed.

                                                      (PREM NARAYAN SINGH)
Digitally signed by                                          JUDGE
   L.R.
LALIT SINGH RANA
Date: 2023.05.04
16:49:32 +05'30'