Court rejected the bail application of Prithaviraj Rajpoot arrested under Sections 8/20 of the NDPS Act. The court held that the accused is a habitual offender with a history of 17 criminal cases and does not constitute a fit case for bail.
Bail application rejected. Applicant not enlarged on bail.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4816 of 2023
Applicant :- Prithaviraj Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
By means of this application, the applicant is seeking enlargement on bail in Case Crime No. 10 of 2023, under Sections-8/20 of N. D. P. S. Act, P. S.-Kotwali Mahoba, district-Mahoba.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case just because his previous involvement in some cases; recovery is false and planted and allegedly recovered contraband substance is below commercial quantity. He has lastly submitted that the applicant who is in jail since 4.1.2023 is entitled to be enlarged on bail.
Per contra, learned A. G. A. has vehemently opposed the prayer for bail and submitted that applicant has history of 17 criminal cases and every time he is enlarged on bail, he gets himself involved in another crime; applicant is a habitual offender and if applicant is enlarged on bail, he will be involved in further crime.
Having considered the submissions advanced by learned counsel for the parties and perused the record, I do not find it a fit case for enlarging the applicant on bail.
Accordingly, this bail application is rejected.
Order Date :- 3.4.2023
HR
Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail in a case under Sections 8/20 of the NDPS Act.
Whether the applicant's history of criminal cases and alleged habit of offending precludes granting bail.
1 provisions across 1 enactments
Prithaviraj Rajpoot
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
