Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13639 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., for the State and perused the record.
This second bail application has been moved by the applicant Ravi who is involved in Case Crime No. 1157 of 2017, under Section 21/22 Narcotic Drugs and Psychotropic Substances Act, Police Station- Vrindavan, District-Mathura.
The first bail application was rejected by this Court on merit vide order dated 25.1.2018.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. Several others cases have been slapped by the police in collusion of Sun City. There is no public witness of the alleged recovery. All these grounds have not been considered by this Court while rejecting the first bail application filed on behalf of applicant.
Learned A.G.A., has opposed the prayer for bail and contended that recovered Alprazolam (contraband) is of commercial quantity.
Hon'ble Apex Court in State of Madhya Pradesh v. Kajad reported in (2001) 7 SCC 673 held that :
".....It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa & Anr. [2001 (1) SCC 169] and various other judgments."
The submissions so advanced by learned counsel for the applicant have not been considered at the time of disposal of first bail application, is no ground to consider the second bail application. The first bail application has been dismissed as per provision of Section 37 (1) (b) of the Act, 1985. There is no new ground to enlarge the applicant on bail.
Accordingly, application stands dismissed. Order Date :- 27.9.2018 Jaswant