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Cri.B.A.No.1033/2022
Order below Exh.01 in Cri.B.A.No.1033/2022
CNR No.MHNS010044092022
(Jayendra @ Jayesh Damodar Bhabad vs. State)
The applicant has preferred this second bail application
for anticipatory bail praying therein that he may be released on bail
in the event of arrest in connection with CR.No.I­417/2019
registered with Adgaon police station for the offence punishable
under Sec.8C, 20C, 22C, 25 of Narcotic Drugs and Psychotropic
Substance Act, on the basis of FIR lodged by PC Sanjay Prabhakar
Mulak.
2.

Second bail application is filed on the ground that the
applicant is innocent and has been falsely implicated in the case.
That the applicant is resident of Nashik serving in Police
Department since the year 2020. Previous bail application was
rejected on the ground that investigation was in progress. Nothing is
recovered or discovered at the instance of applicant. Investigation is
completed, charge­sheet is filed in the court. Prime accused are
released on bail. He has never taken disadvantage of his post. He
will not pressurize witnesses. He will not tamper with prosecution
evidence. He is ready to abide by all terms and conditions imposed
by the Court. On these main grounds and others have prayed for
bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
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Cri.B.A.No.1033/2022
the grounds that the offence is serious in nature. He has misused his
post as a policeman and supplied vehicle for transportation of Ganja
worth 64,500 k.g. is seized from accused nos.1 to 3. Earlier bail
application No. 1906/2019 was rejected. The bail application was
preferred before Hon’ble Bombay High Court, however the same
was withdrawn. CDR of the accused and accused no.4 discloses
various phone calls between them. On these main grounds and
others have prayed for rejection of the bail application.

4.

Heard Ld. Advocate Mr.Navle for applicant. Perused bail
application. Heard Ld. APP Mr.Kotwal. Perused police papers and
say filed by Adgaon police station.

5.

From the material gathered by the Investigating Officer,
the Innova vehicle transported 5 gunny bags of ganja procured from
Orissa State. On the instructions of the present applicant to the
witnesses that Ganja is seized in police procedure, the same was
kept in room. Furthermore, the present applicant instructed accused
nos.1 to 3 to place 3 gunny bags in Swift car bearing No. MH­12­
FQ­4020 which was seized by the police on 10.9.2019. The CDR
report suggest number of calls between present applicant and Ama
@ Gotu Prakash Borase. There is prima facie case made out against
the present applicant for having involved in offences punishable
under Sec.20C and 22C of NDPS Act.
6.

The earlier anticipatory bail preferred before the
Sessions court was rejected. The applicant approached the Hon’ble
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Cri.B.A.No.1033/2022
High Court and the same was withdrawn. Recently, G.R.Ananda
Babu V/s. The State of Tamil Nadu and Anr. Three Bench of the
Hon’ble Supreme Court of India, arising out of Spl.Cri.No.213 of
2021 decided on 28.01.2021 has observed that, “As a matter of fact,
successive anticipatory bail application ought not to be entertained
and moreso, in the case diary and the status report, clearly indicates
that accused (respondent no.2) is absconding and not co­operating
with the investigation. The specious reason of change in
circumstances cannot be invoked for successive anticipatory bail
application. Once it is rejected by speaking order and that too by the
same Judge”.
7.

Though the earlier anticipatory bail application was
rejected by predecessor of this Court, however, there is no
substantial change in circumstances. Even the Hon’ble High Court
Bombay has refused to grant relief of anticipatory bail to the
applicant, as the bail application was withdrawn. It can be gathered
that only when the Lordships have expressed not to grant bail, the
advocate preferred to withdrawn the bail application. The applicant
who is police constable, ought not have involved in crime which
demolishes the root of the society. Hence, the discretion cannot be
exercised in favour of the applicant. Hence, the following order is
passed :
ORDER
(1).

Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 05.09.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.05
16:36:34 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.