Allowed

Tulchharam v. State of Rajasthan

Rajasthan HC25 Oct 2018CRLMB/10321/2018

Case brief

AI extract

What is this about?

This bail application was filed under Section 439 Cr.P.C. in connection with an FIR under the NDPS Act, 1985. The court granted bail, directing the petitioner to execute a personal bond with sureties pursuant to Section 439 Cr.P.C., without expressing an opinion on the merits of the case.

What did the court decide?

Petitioner is released on bail required to give an individual bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Tulchharam Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 10321/2018

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Tulchharam S/o Sh. Hansaram, Aged About 45 Years, B/c Choudhary (Kalbi), R/o Sankad, Teh. Sanchore, Dist. Jalore. (Presently lodged In Sub Jail, Sanchore, Dist. Jalore)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. AS Rathore, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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25/10/2018

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in connection with FIR No.360/2018 of Police Station Sanchore, Distt. Jalore, for the offences punishable under Sections 8/21, 29 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that smack weighing 13.55 grams of smack was recovered from Amrit Lal and Kanti Lal, however, they have been enlarged on bail by the trial court. It is submitted that no recovery has been effected from the petitioner and the only allegation against him is that he has sold the smack to Kanti Lal.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2)

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[CRLMB-10321/2018]

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Tulchharam S/o Sh. Hansaram, shall be released on bail in connection with FIR No.360/2018 of Police Station Sanchore, Distt. Jalore, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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Amit/52

Tulchharam v. State of Rajasthan

Case brief

What is this about?

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Tulchharam v. State of Rajasthan

Case brief

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