Madhya Pradesh High Court

MCRC/4405/2024 of RAHUL SINGH BUNDELA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4405 of 2024

BETWEEN:-

RAHUL SINGH BUNDELA S/O SHRI SURENDRA SINGHBUNDELA, AGED ABOUT 27 YEARS, OCCUPATION:AGRICULTURIST PRESENTLY R/O VILLAGE CHANDNA,POST MADWA, TEHSIL RAJPURA, DISTRICT PANNA R/OVILLAGE CHANDNA, P.S. SIMARIYA DISTRICT PANNA(MADHYA PRADESH)

(BY SHRI SHIVAM GAUTAM - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION RAJPURA DISTRICT DAMOH (MADHYAPRADESH)

(BY SHRI SUNIL GUPTA - PANEL LAWYER)

.....RESPONDENT

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

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ORDER

This is the third application filed by the applicant under Section 438 ofthe Code of Criminal Procedure for grant of anticipatory bail relating to F.I.R.No.46/2023 dated 19.05.2023 registered at Police Station Rajpura, DistrictDamoh (M.P.) for commission of offence under Section 8/20 of the NarcoticDrugs and Psychotropic Substances Act, 1985. Applicant apprehending hisarrest in the aforesaid offence has knocked the portal of this Court for grant ofanticipatory bail.

2. Applicant's earlier two bail applications were dismissed as withdrawnand not pressed vide orders dated 07.08.2023 & 09.01.2024 passed in M.Cr.C.No.32964 of 2023 & M.Cr.C. No.573 of 2024 respectively.

3. As per the prosecution story, on 18.05.2023, on the basis ofinformation received from an informer, police Rajpura, District Damohapprehended two persons. On interrogation, those persons introducedthemselves as Shibbu @ Somnath S/o Ramcharan Patnayak resident of PoliceStation & District Sambalpur (Odisha) and Nihar Ranjan S/o Late JayantoKumar Patnayak resident of Police Station Dhonupali, District Sambalpur(Odisha). After following due procedure prescribed under NDPS Act; insearch, 4 kgs. cannabis (ganja), Rs.24,000/- in cash and one mobile phone wereseized from possession of Shibbu @ Somnath and 8 kgs. cannabis (ganja) &one mobile phone were seized from possession of Nihar Ranjan. It wasinformed by them that they had come Damoh to sell the aforesaid contraband(ganja) to Rahul Raja Bundela. It was also informed that Rahul Raja hadcontacted them at Silapari Culvert, Damoh and had purchased two packets ofcannabis (ganja) by paying Rs.24,000/- to them. As he was having onlyRs.24,000/-, rest of the cannabis (ganja) could not be purchased by him. F.I.R.was registered. After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. Nocontraband (ganja) has been seized from his possession. Therefore, it is prayedthat the applicant may be released on anticipatory bail.

5. On the other hand, learned counsel for the State has opposed theprayer for grant of anticipatory bail to the applicant.

6. Applicant's earlier two bail applications have been dismissed as withdrawn and not pressed. His second application was dismissed only 20 daysago. Having taken into consideration his direct involvement and the fact that hepurchased contraband (ganja) and paid Rs.24,000/- to one of the accused fromwhose possession cannabis (ganja) has been seized, I am of the view that it isnot a fit case for grant of anticipatory bail to the applicant as his custodialinterrogation appears necessary.

7. Consequently, this third application too under Section 438 of theCode of Criminal Procedure for grant of anticipatory bail filed on behalf ofapplicant - Rahul Singh Bundela stands dismissed.

@shish

(DINESH KUMAR PALIWAL)JUDGE

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