VIKAS ALIAS VIKKI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 108 dated 24.3.2009, under Sections 307,120-B,34 of Indian Penal Code (in short 'IPC') and Section 25 of the Arms Act, 1959, registered at Police Station Sadar Gurgaon, District Gurgaon.

(2.) Heard.

(3.) A perusal of the order passed by learned Additional Sessions Judge while declining bail application filed by the Petitioner reveals that on 10.9.2009 when the case was received after commitment Petitioner did not appear before the Court and moved an application seeking exemption from his personal appearance on the ground that he was ill. The said request was declined as father of the complainant who was present in the Court had stated that the Petitioner was not ill and was present at his house. Bail granted to the Petitioner was cancelled and he was ordered to be summoned through warrant of arrest. Ultimately the Petitioner surrendered before the trial Court on 8.12.2009 and was allowed bail vide order dated 23.12.2009. On 2.6.2010, Petitioner moved an application seeking exemption of his personal appearance and the case was adjourned for 3.6.2010. However, on the said date the Petitioner did not appear and his bail was cancelled. The warrant of arrest issued qua the Petitioner was received back unserved. Petitioner surrendered before the trial Court on 4.8.2010 and stated that he had been arrested by Delhi Police in FIR No. 119 dated 26.6.2010, registered under Section 367 IPC. Thus, the learned trial court rightly held that the Petitioner is in the habit of misusing the concession of bail and is also involved in another criminal case. Hence, no ground for grant of bail to the Petitioner is made out.