Bail applications are denied based on criminal antecedents and involvement in similar offences, while a lack of criminal history can lead to bail being granted.

These are the first bail applications filed on behalf of the applicants Mohammad Talib, Azeem Khan and Devendra Kumar Dwivedi under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 309/2023, registered at Police Station-Govindgarh, District Rewa (M.P.) for the offences punishable under Sections 8, 20-B, 21, 22, 25 and 25-A of NDPS Act and Section 5/13 of M.P. Drug Control Act. 2 . Learned counsel appearing for the applicants submitted that applicants Mohammad Talib and Azeem Khan was made accused on basis of memorandum given by co-accused person. They are innocent and have falsely been implicated in the case. Learned counsel appearing for the applicant Devendra Kumar Dwivedi submitted that he is owner of vehicle. His son Shivam Dubey has taken away his vehicle and he was caught on spot. Applicant does not have any role in the incident. In these circumstances, it is prayed that applicants may be released on bail.

3. Learned Government Advocate appearing for the State opposed the applications for grant of bail. It is submitted that applicants Mohammad Talib and Azeem Khan are having criminal antecedents and as many as 4 cases are registered against them. They are also having antecedents for committing similar offence under NDPS Act. I n these circumstances, applicants may not be released on bail.

4. Heard the counsel for the parties.

5. Considering facts and circumstances of the case and taking into account criminal antecedents and earlier record of similar offence under NDPS Act, M.Cr.C. No. 14852/2024 filed by Mohammad Talib and M.Cr.C. No. 14847/2024 filed by Azeem Khan are dismissed. They are at liberty to file repeat application after examination of independent seizure witnesses in the Court.

6. Applicant Devendra Kumar Dwivedi is owner of the vehicle and was not present on spot. He does not have any other criminal antecedents. Considering the same, M.Cr.C. No. 17241/2024 filed by applicant Devendra Kumar Dwivedi is allowed.

7. It is directed that the applicant Devendra Kumar Dwivedi shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8 . The applicant Devendra Kumar Dwiveid shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. Certified copy as per rules.