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DEEPAK GUPTA
Bharat Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of bail conditions under crpc (Para 1 , 2 , 3) |
| 2. arguments against interim bail under section 167(2) crpc (Para 4) |
| 3. prosecution's position on evidence and bail (Para 5) |
| 4. court's analysis of default bail rights (Para 6 , 7) |
| 5. criteria for cancelling default bail post charge-sheet (Para 8 , 9) |
| 6. conditions for default bail cancellation and its limitations (Para 11) |
Judgment
Mr. Deepak Gupta, J.
By way of this petition filed under Section 482 Cr.P.C., petitioner has prayed to set aside/modify order dated 22.03.2023 passed by ld. Additional Sessions Judge, Jhajjar, whereby petitioner has been granted interim bail till filing of challan & the FSL report on an application under Section 167(2) CrPC for grant of default bail, in a case arising out of FIR No.420 dated 06.09.2022 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short ‘the NDPS Act’] registered at Police Station Bahadurgarh, Jhajjar. Further prayer is made to grant regular default bail to the petitioner.
2. As per prosecution allegations, 21.54 gms of MDMA (methylenedioxymethamphetamine), was recovered from the possession of petitioner-Bharat Kumar on 06.09.2022 by
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