Balkrishna Upadhyay vs The State Of Madhya Pradesh
2023 Latest Caselaw 7882 MP

                                                                       1
                                     IN     THE       HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                BEFORE
                                                 HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                           ON THE 12 th OF MAY, 2023
                                                   MISC. CRIMINAL CASE No. 20044 of 2023

                                    BETWEEN:-
                                    BALKRISHNA UPADHYAY S/O SHRI JAGDEESH PRASAD
                                    UPADHYAY, AGED ABOUT 35 YEARS, OCCUPATION:
                                    FARMER R/O VILLAGE JHANKI POLICE STATION
                                    NAGOD DISTRICT SATNA (MADHYA PRADESH)

                                                                                                    .....APPLICANT
                                    (BY SHRI SURDEEP KHAMPARIYA - ADVOCATE)

                                    AND
                                    THE STATE OF MADHYA PRADESH THROUGH POLICE
                                    STATION CIVIL LINE R/O DISTRICT SATNA (MADHYA
                                    PRADESH)

                                                                                                  .....RESPONDENT
                                    (BY SHRI R.P. PRAJAPATI - PANEL LAWYER)

                                          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 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.46/2023 dated 22.01.2023 registered at Police Station Civil Line, District Satna for the offence under Section 8 read with 20-B of N.D.P.S. Act.

As per the prosecution story, 05 kgs. Ganja have been seized from the possession of the applicant.

Signature Not Verified SAN Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. He further submits that Digitally signed by NITESH PANDEY Date: 2023.05.13 10:01:31 IST

nothing has been seized from the possession of the applicant. He also submits that applicant has been made an accused only on the basis of suspicion. Chare- sheet has already been filed. The applicant is in custody since 21.01.2023 and trial will take considerable time to conclude, therefore, the applicant may be released on bail. In support of his submission, counsel for the applicant has placed reliance on the decision of the Supreme Court in the case of Prabhakar Tewari Vs. State of U.P. and another in Criminal Appeal Nos152 of 2020 and Criminal Appeal No153/2020, judgment dated 24.01.2020.

Learned Panel Lawyer for the respondent/State has opposed the bail application. Although three cases of the same Act have been against the

applicant on previous occasion but this fact alone cannot be the basis for refusal of bail.

Heard learned counsel for the parties and perused the case diary. Looking to the facts and circumstances of the case, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of. Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.05.13 10:01:31 IST

(ANURADHA SHUKLA) JUDGE Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.05.13 10:01:31 IST