Jai Bhagwan @ Shri Bhagwan vs State of Haryana

Ram Chand Gupta, J.

Crl. M. No. 40278 of 2013

Application is allowed subject to all just exceptions.

Crl. M. No. M-30837 of 2013

The present petition filed u/s 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 322, dated 6.9.2011, u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the ''Act'') registered at Police Station Rohtak Sadar, District Rohtak.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Special Judge, Rohtak, vide which application filed on behalf of the petitioner for bail was dismissed.

This is third application filed on behalf of petitioner-accused. His first application was got dismissed as withdrawn vide order dated 2.4.2013 passed in Crl. M. No. M-9176 of 2012. Second application was also got dismissed as withdrawn vide order dated 24.5.2013 passed in Crl. M. No. M-12779 of 2012.

Brief allegations are that on the basis of secret information, naka was laid by the police. Name of petitioner alongwith co-accused has been mentioned in the FIR. A car bearing registration No. UP 78-Y-2244 was intercepted. Two persons were occupying the said car. However, petitioner-accused succeeded in running away. Co-accused was arrested and in the said car, three bags containing 113 kg of charas were recovered.

It has been contended by learned counsel for the petitioner-accused that he is not known by the name of Jai Bhagwan and that his name is Shri Bhagwan. It is further contended that no recovery was effected from him and that he has been falsely implicated in this case. It is also contended that on the day of occurrence he had gone to Bombay.

However, as per case of prosecution, petitioner-accused is a habitual offender. He has already been convicted under the Act. His name has also appeared in the statement of co-accused Aakash, who had stated that petitioner was also known as Shri Bhagwan. Petitioner has himself filed the petition before learned Sessions Judge as Jai Bhagwan @ Shri Bhagwan. Even before this Court he has filed the petition naming him as Jai Bhagwan @ Shri Bhagwan. Prosecution has collected call details of petitioner-accused, according to which he was in his village and he had talked with the co-accused and other smugglers. He was having sim in the name of some other persons. Heavy recovery of charas was effected from the car occupied by the petitioner alongwith the co-accused. Hence, merely on the ground that he succeeded in running away and had procured some documents regarding his presence at Bombay, which is a matter of evidence, it cannot be said that he is entitled for concession of bail. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Jai Bhagwan @ Shri Bhagwan for grant of bail is, hereby, dismissed being devoid of any merit.