Milan Sahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 7796 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                                 ON THE 11 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 37440 of 2022

                          BETWEEN:-
                          MILAN SAHU S/O LATE. SANTOSH KUMAR SAHU, AGED
                          ABOUT   24   YEARS, OCCUPATION: STUDENT R/O
                          VILLAGE HIMMATGANJ NEAR KISHNA OIL, P.S.
                          KHULDABAG, DISTRICT PRAYAGRAJ (U.P.) (UTTAR
                          PRADESH)

                                                                                         .....APPLICANT
                          (BY SHRI SHESHRAJ KUSHWAHA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION SOHAGI DISTRICT REWA M.P. (MADHYA
                          PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI T.R. KURMI - PANEL LAWYER)

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

This repeat (third) application is filed on behalf of the applicant under Section 439 of Cr.P.C. in connection with Crime No.114/2021 registered at Police Station Sohagi, District Rewa (M.P.) for the offences punishable under Section 8,21, 22 of NDPS and Sections 5/13 of M.P. Aushadhi Niyantaran Adhiniyam.

The first bail application of the applicant was dismissed on merits vide order dated 04.08.2021 passed in M.Cr.C. No.29668/2021 and second application was dismissed as withdrawn on 07.01.2022 passed in M.Cr.C. Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 5/12/2023 10:54:47 AM

No.62489/2021 with liberty to revive the prayer after three months.

The allegation against the applicant is that on receiving information, the police seized 62 pieces of (100 ml to each cc) illegal onrex phosphate syrup from the possession of applicant and another co-accused in an unnumbered motorcycle without any authority.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in the case. He has no criminal antecedent. The seizure witness was examined before the trial Court and he has not supported the prosecution's case. Learned counsel for the applicant has placed a reliance upon the judgment passed by the Supreme Court

in the case of Sanjeet Kumar Singh @ Munna Kumar Singh Vs. State of Chhattisgarh in Criminal Appeal No.871 of 2021 on 30.08.2022. The applicant is in custody since 17.04.2021. The trial will take time for conclusion. There is no likelihood of his absconding or tampering with the evidence. Hence, it is prayed that the applicant may be granted bail.

On the other hand, learned Panel Lawyer has vehemently opposed the bail application. He submits that Nisha Khuta (PW-3) sub-inspector has stated that the applicant was found with the contraband article on the spot. It is further submitted that the applicant belongs to the State of Uttar Pradesh and if he is granted bail then, he may escape. Hence, it is prayed that the applicant may not be granted bail.

After considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, I am of the view that no change in the circumstances could be shown by the applicant and no new ground is visible so that the view taken on 04.08.2021 may be changed. So

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 5/12/2023 10:54:47 AM

far as the case of Sanjeet Kumar Singh (supra) is concerned, the said judgment would not be applicable in the present case as the aforesaid judgment has been passed in which the accused/appellant has been convicted and sentence, whereas in the present case the applicant is facing trial. Looking to the gravity of offence, it is not a fit case in which the applicant may be granted bail.

Consequently, the present application under Section 439 of the Cr.P.C. filed by the applicant relating to aforesaid crime is hereby dismissed.

(ARUN KUMAR SHARMA) JUDGE pn

Signature Not Verified Signed by: PANKAJ NAGLE Signing time: 5/12/2023 10:54:47 AM