Roshan @ Jiki v. The State

Delhi High Court · 17 Feb 2020 · 2020:DHC:1136
Brijesh Sethi
BAIL APPL. 453/2020
2020:DHC:1136
criminal petition_dismissed

AI Summary

Anticipatory bail was denied to a habitual offender accused of possessing illicit liquor on a dry day, emphasizing the weight of prior criminal history in bail decisions.

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BAIL APPL. 453/2020
HIGH COURT OF DELHI
Date of Decision: February 17, 2020
BAIL APPLN. 453/2020 and CRL.M.A. 3498/2020
ROSHAN @ JIKI ..... Petitioner
Through Mr. Vineet Jain, Advocate
VERSUS
THE STATE ..... Respondent
Through Mr. Raghuvinder Varma, Additional Public Prosecutor for the State
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Vide this order, I shall dispose of the anticipatory bail application filed under section 438 Cr.P.C. by the petitioner-Roshan @ Jiki in FIR
No. 26/2020 under Section 33(f) of Delhi Excise Act, Police Station
Ranjit Nagar.
Ld. Counsel for the petitioner has prayed for anticipatory bail on the ground that petitioner is innocent and has been falsely implicated in the present case. The petitioner was only sitting on the recovered sack which was found to contain illicit liquor.
Learned Additional Public Prosecutor for the State has opposed the
2020:DHC:1136
BAIL APPL. 453/2020 anticipatory bail application on the ground that there are allegations of petitioner selling illicit liquor on 26th January, 2020, which is a dry day and three sacks of illicit liquor was recovered. Learned Additional Public
Prosecutor for State has placed on record Previous Conviction
Involvement Report and submits that petitioner is a habitual offender and is involved in the following three more cases: i) FIR No. 0353/2014 under Sections 363/363A/368/370(4)/34
IPC, registered at police station Ranjit Nagar. ii) FIR No. 0457/2004 under Sections 25/54/59 Arms Act, registered at police station Kirti Nagar. iii) FIR No. 0572/2011 under Sections 399/402 IPC and
25/54/59 Arms Act, registered at police station Kirti Nagar.
I have considered the rival submissions. Keeping in mind the facts of the case and previous involvement of the petitioner in other cases, no grounds for anticipatory bail are made out. The bail application is, therefore, dismissed.
(BRIJESH SETHI)
JUDGE
FEBRUARY 17, 2020 savita 2020:DHC:1136