Order 14

Order Details: COPY OF ORDER
Pdf Text: IA No. 2/2025
SC No. 43/2023
NCB Vs. Jai Singh Sekhawat
11.07.2025
Present: Sh. Mukesh Malik, Ld. SPP for NCB.
Ms Shweta Mehta, Sh Ashish Dutta and Sh
Mahender Singh Inda, Ld. Counsels for
applicant/accused.
Perusal of record reflects that the present application
has been filed under 439 CrPC, 1973 and in view of section 531
BNSS, 2023, the same is not maintainable. Reliance is placed on
the decisions of Hon'ble High Court of Delhi in “Prince Vs State
of NCT of Delhi, BA No. 2399/2024 dated 12.07.2024” and
“State through RPF Vs Dharmender @ Dharma, Crl. LP
472/2024 dated 26.09.2024”.
Perusal of record further reflects that although it is
mentioned by the applicant that it is second bail application,
however, the details of earlier application and the date on which
the same was dismissed and the grounds on which it was
dismissed is not mentioned. Furthermore, the application is silent
on the change of circumstances since the dismissal of last bail
order.
The filing of the present application in the manner it
has been filed is also amounting to misrepresentation. The
reliance is placed upon the decision of Hon'ble Supreme Court of
India in “Kusha Daruka Vs. The State of Odisha” in Crl.
Appeal No. 303/2024 decided on 19.01.2024.
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It is submitted by Ld. Counsel for applicant/accused
that she may be allowed to withdraw the present application with
liberty to move it afresh.
Separate statement of Ld. Counsel for
applicant/accused has been recorded in this regard.
In view of the statement of Ld. Counsel for
applicant/accused, the present application is dismissed as
withdrawn with liberty to move the same afresh.
Application disposed off accordingly.
Copy of the order be given dasti.
(Atul Ahlawat)
ASJ/Spl. Judge, NDPS/N. Delhi
11.07.2025
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