Narayan Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 21481 MP

Madhya Pradesh High Court

Narayan Patel vs The State Of Madhya Pradesh on 7 August, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                               1                         MCRC-33406-2024
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 7 th OF AUGUST, 2024
                                          MISC. CRIMINAL CASE No. 33406 of 2024
                                                    NARAYAN PATEL
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                         Appearance:
                            Shri Hakim Khan Qureshi - Advocate for applicant.
                            Shri Amit Pandey - Public Prosecutor for respondent/State.

                                                                ORDER

This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. The first application was dismissed as withdrawn vide order dated 04.07.2024 passed in M.Cr.C. No.26420/2024.

The applicant has been arrested on 08.03.2024 by Police Station Kuthla District Katni in connection with Crime No.223/2024 for the offence punishable under Section 8/20 of NDPS Act.

Learned counsel appearing for the applicant has pointed out that there

is no specific allegation against the applicant. He is in custody since 08.03.2024. The mandatory provision under Section 50 of the NDPS Act has not been followed by the police authorities. He has placed reliance on the judgment passed by the coordinate Bench in M.Cr.C. No.55565/2023 (Anuj Jaiswal v. The State of M.P.) dated 09.02.2024 wherein in similar circumstance the applicant has been enlarged on bail. He is ready to abide by all the terms and conditions that may be imposed while considering the bail

2 MCRC-33406-2024 application of the applicant. On these grounds, a prayer for grant of bail is made out.

Per contra, learned counsel for the State has vehemently opposed the contentions stating that the first bail application of the applicant was recently rejected on 04.07.2024. The applicant is having criminal history of 15 cases including 4 under the NDPS Act. Despite being confronted with the aforesaid fact no documents have been filed to show the outcome of the 15 cases registered against the applicant. The recovery is shown from the possession of the present applicant. Mere small discrepancies in the investigation cannot be a ground to enlarge the applicant on bail. He has prayed for dismissal of the application.

Considering the aforesaid facts and circumstances, no case for grant of bail is made out.

Accordingly, application is rejected.

(VISHAL MISHRA) JUDGE

L.Raj