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Judgment
The accused/applicant seeks regular bail in case FIR No. 359/2022 of PS Narela Industrial Area for offence under Section 302/34/120B IPC and 25/27 of Arms Act.
This bail application was earlier listed before the bench of HMJ Saurabh Banerjee on 10.09.2026 and on that day, learned counsel for the accused/applicant submitted a request that since a revision petition is pending before this bench, the bail application also be placed before this bench. Accordingly, the bail application has been listed today.
Today, at the outset, learned APP discloses that the accused/applicant had earlier also filed three bail applications, all of which were dismissed by the bench of HMJ Saurabh Banerjee, so it appears that the said bench was misled into transferring this bail application to this bench.
In response, learned counsel for accused/applicant states that what had been dismissed by the bench of HMJ Saurabh Banerjee was only interim bail applications. But even that was concealed from the bench of HMJ Saurabh Banerjee.
At this stage, one of the law researchers of this court has taken out order dated 17.10.2023 in Bail Application No.2959/2023, which bail application had been filed by the present accused/applicant and the same was dismissed by the bench of HMJ Saurabh Banerjee. That is an application for grant of regular bail and not interim bail.
It seems that having realized that from the bench of HMJ Saurabh Banerjee, bail had been declined once in regular bail application and twice in interim bail application, learned counsel concealed all those facts and made a request before HMJ Saurabh Banerjee in the present bail application for transfer of the application to this bench.
Such conduct on the part of the accused/applicant has to be deprecated. It is a clear case of forum shopping.
Therefore, the bail application and the accompanying application are dismissed.