Order 6

Order Details: COPY OF ORDER
Pdf Text: IA No. 2-23 SC 452-23
State Vs. Gulab Rai @ Chetan
FIR No. 129/2023
PS Crime Branch (North)
U/sec 21/25 NDPS Act
08.11.2023
This is third application for grant of regular bail moved on
behalf of accused/applicant Gulab Rai @ Chetan
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Kundan Kumar, Ld. Counsel for
accused/applicant.
Reply to the application filed.
It is submitted by ld. Counsel for accused/applicant
that an application for grant of bail moved on behalf of
accused/accused before Hon'ble High Court has been withdrawn
on 19.10.2023 with the liberty to file a fresh application after
framing of charge.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is submitted on behalf of the applicant that the
accused is lying in JC since 27.05.2023. It is submitted by Ld.
Counsel for accused that quantity recovered comes under
intermediate quantity, hence, rigor of section 37 of NDPS Act is
not applicable. It is further submitted that charge sheet has
already been filed and charge has already been framed. It is
further submitted that no useful purpose would be served in
keeping the accused in custody. It is further submitted that
accused is ready to abide with any condition imposed by the
court, if he be released on bail.
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Ld. Counsel has relied upon Directorate of
Revenue & Anr. Vs. Mohammed Nisar Holia, Rajaram Kadu
Vs. The State of Maharashtra through Crime Branch and
Sarija Banu (A) Janarthani Vs. State through Inspector of
Police in support of his contentions.
ARGUMENTS ON BEHALF OF STATE
2. Per contra, Ld. Addl. PP for the State has
vehemently opposed the present bail application stating that
accused was found in possession of 100 grams of heroin. It is
also submitted that real brother of accused namely Dinesh @
Khanger is also involved in two NDPS cases and he is running in
JC. It is further argued that accused may commit further similar
kind of offences if released on bail.
Arguments heard. Record perused. I have also gone
through the judgment relied upon by Ld. Counsel for
accused/applicant
FINDINGS/CONCLUSION
3.1 The allegations are serious against the
accused/applicant. Bail application on merits has already been
dismissed vide order dated 11.08.2023 by this court and all the
facts and circumstances have already been dealt in that order,
hence, I do not find any reason to deal with the same issues
again. Bail application of accused/applicant has already been
withdrawn before Hon'ble High Court vide order dated
19.10.2023. There is no change of circumstances after dismissal
of first application on 11.08.2023 and withdrawal of bail
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application before Hon'ble High Court on 19.10.2023 except the
charge is framed against the accused. Considering the judicial
discipline and the fact that order dated 11.08.2023 was passed on
merits, I am not inclined to admit accused on bail as there is
every likelihood that accused/applicant may commit further
offences of similar nature, if released on bail.
3.2 The judgments relied upon Ld. Counsel for the
accused/applicant are not applicable to the present case being
distinguishable on facts and moreover, granting bail is a
discretion which is to be exercised by the Court as per facts and
circumstance of each case.
3.3 Keeping in view the above discussion, I am of the
considered view that no ground is made out for grant of bail
to accused/applicant Gulab Rai @ Chetan. Therefore, the
application moved on behalf of the accused/applicant stands
dismissed.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
A copy of this order be sent to the Jail
Superintendent concerned for further communication to the
accused/applicant. Copy of this order be also forwarded to
Jail Superintendent concerned through E-Mail. Copy of this
order be given dasti to Ld. Counsel as prayed for.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
08.11.2023
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