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2020 DIGILAW 1330 (PNJ)

Narender Singh @ Happy v. State of Haryana

2020-06-26

MANJARI NEHRU KAUL

body2020
JUDGMENT : Manjari Nehru Kaul, J. 1. Due to the outbreak of Covid-19 pandemic, the case is taken up for hearing through video conferencing. 2. Instant petition has been filed under Section 438 Cr.PC for the grant of anticipatory bail in case FIR No.508 dated 07.06.2020 registered under Sections 21 of NDPS Act, 1985 at Police Station Thanesar City, District Kurukshetra. 3. Learned counsel for the petitioner inter alia contends that it is a case of false implication and the petitioner was nominated as an accused on the basis of disclosure statement made by co-accused namely Ravi from whom 7.50 grams heroin was recovered. He further contends that nothing is required to be recovered from the petitioner and hence, his custodial interrogation may not be necessary. 4. Notice of motion. 5. On the asking of Court, Ms. Dimple Jain, AAG, Haryana accepts notice on behalf of respondent-State. While opposing the prayer of the petitioner for grant of anticipatory bail, she has apprised this Court that although the petitioner was named in the instant case by the co-accused during his disclosure statement, however, he is involved in few other cases under NDPS Act. 6. Heard. 7. In the facts and circumstances of the case, I do not deem it a fit to extend the concession of anticipatory bail to the petitioner. No doubt, the petitioner was nominated as an accused on the disclosure statement made by the co-accused, however, his involvement in other cases of similar nature reflects his criminal antecedents, which do not warrant acceptance of his prayer for the grant of the concession of anticipatory bail. 8. Accordingly, the present petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.