Concealment of prior criminal antecedents and subsequent misuse of anticipatory bail justify its cancellation.

Heard on I.A.No. 6274/2024 which is application for recall/modification of the order dated 15.4.2024 passed in M.Cr.C.No. 54259/2019 whereby the bail granted to the respondent has been cancelled.

The allegation against the respondent is that 61 kg. Poppy husk was seized from the possession of co-accused Hanumanram. The anticipatory bail was granted to the applicant by order dated 30.12.2019. In the order the court has recorded the submission of counsel for applicant that "applicant is not having any criminal antecedents".

The State filed an application for cancellation of bail which was registered as M.Cr.C.No. 3330/2024. The notice was issued to the respondent and despite service of notice, he had chosen not to appear.

Counsel for the respondent submits that he was representing the respondent but due to bonafide reason he could not appear at the time of hearing of cancellation of anticipatory bail application.

The anticipatory bail granted to the respondent was cancelled on two grounds :-

• (i) that prior to grant of bail on 30.12.2019, one case at crime No. 368/2017 was registered at P.S. Sitamau for offence punishable under sections 323, 294, 506/34 of IPC.

• (ii) another case at crime No. 135/2018 was registered for commission of offence under section 8/15 and 29 of NDPS Act at P.S. Udyog Nagar, Kota (Rajasthan).

• The aforesaid registration of cases were concealed and wrong statement was made before the Court that applicant is not having any criminal antecedents.

• After grant of anticipatory bail, the respondent indulged in another offence of NDPS which was registered at crime No. 416/2022 at P.S. Sitamau, Mandsaur.

• Thus, this Court finds that respondent has misused the liberty of anticipatory bail granted by this Court.

• Counsel for the respondent submits that in the application filed for anticipatory bail, nowhere it was mentioned that applicant was not having any criminal antecedents.

• The said contention cannot be accepted because the matter was argued by another counsel and there is no affidavit of that counsel stating that he had not made this submission before the Court that respondent is not having any criminal antecedents. In absence of any affidavit of earlier counsel, the submission of learned counsel for respondent cannot be accepted that since the aforesaid fact was not mentioned in the application for grant of anticipatory bail, and therefore, the same was also not argued.

• So far as another submission of learned counsel for respondent that the details of criminal cases registered prior to grant of anticipatory bail have not been filed by the State in cancellation of bail is concerned, the same has no merit as the respondent has not disputed registration of aforesaid cases prior to grant of anticipatory bail and also registration of criminal case under NDPs Act after grant of anticipatory bail. Admittedly, criminal cases were registered prior to grant of anticipatory bail and wrong statement was made that respondent was not having any criminal antecedents and after grant of anticipatory bail he got involved in another offence under NDPS Act, which is not disputed. Thus, respondent has also misused the liberty granted by the Court. Thus, this Court does not find any error in the order dated 15.4.2024 cancelling the anticipatory bail.

• In view of aforesaid, I.A.No. 6274/2024 for recalling/modification of the order dated 15.4.2024 is dismissed. M.Cr.C.No. 3330/2024 stands disposed off.