Rajasthan High Court - Jodhpur
State vs Dharmchan (2025:Rj-Jd:2111) on 13 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:2111]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Bail Cancellation Application No. 54/2020
State of Rajasthan through PP
----Petitioner
Versus
Dharmchan S/o Megha, B/c Patel R/o Dangi Ka Kheda, P.S.
Vallabhn Nagar, District Udaipur.
----Respondent
For Petitioner(s) : Mr. Urja Ram Kalbi, PP
For Respondent(s) : Mr. Sanjay Bishnoi
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order 13/01/2025 This application for cancellation of bail under Section 439(2) Cr.P.C. has been filed by the petitioner-State against the order dated 19.8.2020 passed by the coordinate Bench of this Court in S.B. Criminal Misc. Bail Application No. 8194/2020 "Dharmchan Vs. State of Rajasthan", whereby the respondent accused has been granted bail in connection with F.I.R. No.210/2019 registered at Police Station Dhariyabad, District Pratapgarh, for the offences under Sections 8/15 and 29 of the NDPS Act.
Heard learned Public Prosecutor and learned counsel for the accused respondent. Perused the material available on record.
Hon'ble the Supreme Court, time and again in its judicial pronouncements, has been laying down certain conditions wherein bail granted to an accused may be cancelled. These conditions comprise certain acts and inactions of accused such as (i) the accused misuses his liberty by indulging in similar criminal activity, (Downloaded on 13/01/2025 at 09:45:23 PM) [2025:RJ-JD:2111] (2 of 2) [CRLBC-54/2020]
(ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of his fleeing to another country, (vi) attempts to make himself scare by going underground or becoming unavailable to the investigating agency,
(vii) attempts to place himself beyond the reach of his surety, etc. Learned Public Prosecutor is not in a position to satisfy this Court as to whether the respondent-accused has flouted any of the above-mentioned conditions in the instant matter.
Otherwise also, the instant application is pending since 2020 and thus, the trial must have progressed substantially.
In this view of the matter, there is no reason for this Court to interfere with the said order.
Consequently, the present application for cancellation of bail is dismissed.
(KULDEEP MATHUR),J 169-TarunGoyal/-
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