BALDEV SINGH @ KALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second application under Section 438 of the Code of Criminal Procedure filed by accused petitioner Baldev Singh @ Kala seeking anticipatory bail in relation to FIR No. 551/2005 registered at Police Station Shahpura, District Jaipur for the offence under Section 8/15 of the NDPS Act.

(2.) HEARD learned Counsel for accused petitioner, learned Public Prosecutor for the State and perused the material placed during the course of arguments.

(3.) PER contra, learned Public Prosecutor vehemently opposed this second anticipatory bail application and contended that first anticipatory bail application was dismissed by this Court on 4/7/2006 and despite of standing warrant the accused petitioner hided himself and could not be apprehended. It was further submitted that accused petitioner is one of the king -pin and one of the owner of the contraband substance who was escorting in another vehicle 'scorpio' which was also recovered but the accused petitioner succeeded in fleeing away. It was next submitted that against the order of acquittal of two coaccused persons, State has preferred leave to appeal and record has also been summoned by this Court.