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Himachal Pradesh High Court · body

2019 DIGILAW 986 (HP)

Anil Kumar v. State of Himachal Pradesh

2019-07-19

AJAY MOHAN GOEL

body2019
JUDGMENT : Ajay Mohan Goel, J. Status report has been filed, which is perused and taken on record. 2. These two bail applications filed under Section 439 of the Code of Criminal Procedure, are at the behest of one bail applicant, namely, Anil Kumar, for grant of regular bail in case FIR No. 516 of 2018, registered at Police Station Sadar, Una, under Sections 21-61-85 of the NDPS Act and 181 and 196 of the Motor Vehicle Act. 3. Cr.Mp(M) No. 1119 of 2019 was filed in this Court on 15.06.2019. In the said petition, notice was issued on 17.6.2019 for 27.06.2019 and when the case was listed on 27.6.2019, the matter was adjourned for today. 4. During the pendency of the said petition itself, petitioner has filed another bail petition, i.e. CMP(M) No. 1305 of 2019, on 09.07.2019. Meaning thereby that during the pendency of CMP(M) No. 1119 of 2019, petitioner filed another bail application without disclosing the factum of CMP(M) No. 1119 of 2019 still being pending consideration before this Court. The Court takes serious exception to this kind of tactics being adopted by the petitioner of approaching this Court by way of two simultaneous bail applications during the pendency of one of his earlier filed bail application and deprecates the same. 5. Learned Deputy Advocate General, on instructions, submits that the petitioner is a habitual offender and there are four other cases registered against him under the ND and PS Act and besides this, there are other cases also registered against him under various enactments, including the Excise Act. 6. It is settled law that one of the factors, which the Court has to take into consideration while deciding the bail application under Section 439 of the Code of Criminal Procedure is that in case the petitioner is released on bail, are there chances of his again indulging in same and similar kind of offences or not. 7. In the present case, taking into consideration the fact that besides the present FIR, four other cases under the provisions of ND and PS Act, are also registered against him, it cannot be said that the petitioner if released on bail, may not indulge in/commit same kind of offence again. Accordingly, both these petitions are dismissed. Pending miscellaneous applications, if any, also stand disposed of.