State vs Dharmchan (2025:Rj-Jd:2111)
2025 Latest Caselaw 4433 Raj

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,

[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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