Madhya Pradesh High Court
Abdul Hanif @ Bablu vs The State Of Madhya Pradesh on 31 March, 2015
M.Cr.C.No.4207 of 2015
1
Abdul Hanif @ Bablu vs State of M.P.
31 / 03 / 2 0 1 5
Shri Sanjay Sharma, Advocate for the applicant.
Shri P.K. Chourasiya, Panel Lawyer for the respondent /
State.
Heard finally. Case diary is perused.
This is first bail application on behalf of the applicant under Section 439 of Cr.P.C. The applicant is in custody since 10/01 / 2 0 1 5 in connection with Crime No.15 /2015 registered at Police Station Kotwali, District Balaghat (M.P.) for the offence punishable under Sections 8, 20 and 29 of N.D.P.S. Act.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted by learned counsel for the applicant that co- accused Aslam and Ajju was granted bail by this Court and the case of the present applicant is similar to that released co- accused persons. The applicant is in custody and conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicant be released on bail.
Learned Panel Lawyer for the State vehemently opposed the application on the ground that the applicant is the main accused and contraband is also recovered from the possession of the applicant.
Parity means similarity of conduct of the accused during commission of offence. In case in hand, there is no similarity with regard to conduct of the applicant with released co- accused persons.
Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case the evidence collected by the prosecution there is M.Cr.C.No.4207 of 2015 2 indication prima facie that the applicant is alleged to have committed a heinous crime. Looking to the nature and gravity of the accusation, this is not a fit case for grant of bail to the applicant. Consequently, his application under Section 439 of the Cr.P.C. is hereby rejected.
(SUBHASH KAKADE)
SJ JUDGE