RAJENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This second bail application has been moved by accused petitioner Rajendra Kumar in FIR No. 8/98 registered under Sec. 8/29 NDPS Act, 1985. While deciding the first bail application of the petitioner, this court had observed that there does not bear any good ground to grant the bail to petitioner under Sec. 349 Cr.PC.

(2.) The petitioner has moved this second bail application on the ground that co-accused Vijendra Singh was granted bail by this court vide order dated 27.10.98 (passed by Hon. Justice Mr. M.A.A. Khan) and this fact could not be brought into notice of this court at the time of making submission in first bail application of the petitioner. Learned counsel for petitioner has also canvassed that the statement of petitioner alleged to have been recorded u/s 67 of NDPS Act were recorded after institution of FIR, therefore, the petitioner deserves to be released on bail. Learned counsel has also submitted that this court released the accused-petitioner in another case FIR No. 4/99 on the similar ground. The contention of counsel for petitioner is that in the FIR No. 4/99 two arguments were advanced on behalf of the petitioner first was in respect of Sec. 67 NDPS Act and the second was that the case of petitioner was not distinguishable to the case of co-accused and while considering both the arguments, this court released the petitioner on bail.

(3.) Learned P.R opposed the bail application u/s 37 of NDPS Act and contended that while granting bail to co-accused Vijendra no opportunity of hearing was provided to PR It was also contended that the bail application of petitioner in FIR No. 4/99 the PR of State of Rajasthan did appear and no opportunity of hearing was provided to PR of Union of India. It is further argued that relevancy of statements recorded u/s 67 NDPS Act can be seen during trial as is held by their Lordships of Supreme Court in case of Naresh Vs. Union of India (AIR 1996 SC 522) and by this court in bail application No. 2566/2000 decided on 18.8.2000.