A bail applicant must disclose prior criminal activity for consideration of bail, especially when similar offences are involved.

ORDER

The applicant is the sole accused in Crime No.507/2025 of Vidya Nagar Police Station, Kasargod District. The offences alleged against him are punishable under Sections 22 (b) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, ‘NDPS Act’).

2. The prosecution case, in short, is that on 01.07.2025 at about 12.50 hours at Pannippara in Muttanthodi Village, the applicant was found to be in possession of 16.8gms of MDMA and 2.1 gms of Ganja kept in a car bearing Registration number KL-14 R1436, for its illicit sale in violation of NDPS Act and thereby committed the above said offences.

3. This Court, as per the order dated 19.01.2026, granted bail to the applicant in the above crime. Thereafter, when the applicant moved an application for bail in another crime (Crime No.256/2024 of Vidya Nagar Police Station, Kasargode District) as B.A. No.835/2026, it was noticed that in this bail application (B.A. No.202/2026), the applicant did not disclose the fact that he was involved in another crime of similar nature (Crime No.256/2024) and while he was on bail in that Crime, the offence in Crime No.570/2025 was committed. Hence, the order dated 19.01.2026 passed by this Court in B.A. No.202/2026 was suo motu recalled and the learned counsel for the applicant is given an opportunity for rehearing the bail application.

4. I have heard Sri.M.H.Hanis, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor.

5. This Court would not have granted bail to the applicant had it been brought to the notice of this Court that the offence was committed while he was on bail in Crime No.256/2024. The antecedent of the applicant was not brought to the notice of this Court while the bail application No.202/2026 was considered. The learned counsel for the applicant submitted that since the applicant was in jail, there was no proper communication between him and the counsel. I cannot subscribe to the submission. The applicant who was well aware of the fact that a crime was registered against him under the NDPS Act as Crime No.256/2024, was released on bail and later on, his bail was cancelled for the reason that he is involved in other case. Therefore, the applicant ought to have disclosed this fact in the bail application. Since the crime was committed by the applicant while he was on bail in another crime of similar nature, I am not inclined to grant bail to the applicant.

Accordingly, bail application No.202/2026 is hereby dismissed.

The Registry is directed to forward this order forthwith to the trial court.