Sombir @ Sonu vs State Of H.P

Ajay Mohan Goel, J

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 64/2014, dated 18.02.2014, registered under Section 20 of the NDPS Act at Police Station Balh, District Mandi, H.P.

I have heard learned counsel for the parties and have also gone through the petition as well as the documents appended therewith as also the status report.

A perusal of the record demonstrates that a similar application was filed by the petitioner before the learned Special Judge, Mandi, H.P., which has been dismissed on 2nd December, 2022. A perusal of the said order demonstrates that the reasons that weighed with the learned Special Judge for dismissing the application, inter alia, were that the petitioner absented on 02.07.2016 from the Court and an application for seeking exemption so filed by him was dismissed by the Court. Thereafter, non-bailable warrants were issued for procuring his presence. In fact, the application filed for exemption was dismissed by the Court on 02.07.2016 for the reason that earlier also, the petitioner had failed to appear in the Court on 15.01.2016, 10.02.2016 and 15.03.2016, on which dates, the applications filed seeking his exemption from personal appearance were allowed. The NBWs. which were issued against the petitioner were returned back unexecuted with the report that the accused was not available at the address mentioned by the Police. The production notice issued to the surety was also returned with the report that the surety has left the address furnished by him and his whereabouts were not known. Learned Court also observed that though the petitioner asserted that he was in judicial custody w.e.f. 08.03.2017 up to 04.10.2017, but he did not give any cogent explanation for his absence on 30.07.2016. The order passed by the learned Special Judge demonstrates that the petitioner was declared as a Proclaimed Offender on 03.05.2017 and he was produced before the Court pursuant to the production warrant issued by the Court. The Court also observed that though the petitioner was released on bail in the other FIRs. registered against him in the year 2020 and though he had taken the plea of nationwide lockdown w.e.f. 24.03.2020 on account of COVID-19 pandemic, yet he has not furnished any reason for non-appearance after his release till 24.03.2020. On these basis, learned Court observed that the conduct of the petitioner was frustrating the progress of trial and therefore, he was not entitled to bail.

This Court is of the considered view that the reasons which are contained in the order, in terms whereof, learned Special Judge dismissed the bail application of the petitioner are cogent reasons and further during the course of the arguments, learned counsel for the petitioner could not demonstrate as to what was the change in circumstance as from the date when the petition filed by the petitioner was dismissed by the learned Special Judge on 02.12.2022 so as to induce this Court to take a different view.

Accordingly, as this Court is not satisfied that the petitioner has made out any case for grant of bail, more so, in view of his past conduct, the present petition being devoid of any merit is dismissed.