On a second bail application under Section 439 CrPC for offences under the NDPS Act, 1985, the Court rejected the plea, expressing no opinion on merits. It held that the petitioner had indulged in a similar offence after misusing earlier bail.
Bail application rejected as the petitioner had previously misused bail in a similar offence.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 1750/2021
Harbeer S/o Ramprasad, R/o Tasai PS Kathoomar Distt. Alwar Raj. (At Present Petitioner Lodged In Central Jail Alwar)
----Accused/Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Nawal Singh Sikarwar |
|---|---|
| For Respondent(s) | : Mr. F.R. Meena, PP |
| Mr. Kamal Singh, SHO | |
| Police Station Kathumar,District Alwar |
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/02/2021
In pursuance of direction of this Court dated 10.02.2021, affidavit of Shri Kamal Singh, SHO, Police Station Kathumar, District Alwar dated 11.02.2021 has been submitted. The affidavit is taken on record. The explanation furnished in the affidavit for noncompliance of direction of this Court is found to be satisfactory.
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.404/2020 registered at Police Station Kathumar, District Alwar for the offence(s) under Section(s) 8/20 of NDPS Act, 1985 (for brevity “the Act of 1985”).
Learned counsel for the petitioner submitted that after dismissal of the first bail application by this Court, charge has been framed against the petitioner; hence, this second bail application.
(2 of 2) [CRLMB-1750/2021]
Learned counsel contended that bar under Section 37 of the Act of 1985 is not applicable in this case in view of quantity of contraband allegedly recovered from his possession being less than commercial. He submitted that the petitioner is in custody since 23.09.2020, charge has been framed, trial of the case will take time and prayed for his release on bail.
Opposing the second bail application, learned Public Prosecutor submitted that there is one more criminal case pending against the petitioner under the provisions of the Act of 1985 wherein after his release on bail, misusing the liberty, he has indulged in offence of similar nature again. He submitted that besides another criminal case under the provisions of the Act of 1985, one more criminal case is also pending against him. He, therefore, submitted that in view of criminal record of the petitioner, he does not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature and gravity of allegations against the petitioner and especially the fact that misusing his liberty of bail granted on earlier occasion in offence under the provisions of the Act of 1985, he has indulged again in the offence of similar nature; but, without expressing any opinion on the merits of the case, this Court is not inclined to enlarge the petitioner on bail.
The second bail application is rejected accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/222
1 issue framed by the court
Whether to grant bail despite prior misuse of liberty in a similar narcotics case.
2 provisions across 2 enactments
Harbeer
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
