Allowed

Dinesh v. State of Rajasthan

Rajasthan HC6 Dec 2018CRLMB/12139/2018

Case brief

AI extract

What is this about?

This criminal bail order granted bail to the petitioner arrested under the NDPS Act. The High Court allowed the second bail application relying on the subsequent enlargement of a co-accused on substantive grounds and without expressing an opinion on the merits of the case.

What did the court decide?

Petitioner released on bail with a personal bond of Rs. 50,000 and two surety bonds of like amount.

Dinesh 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. 12139/2018

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Dinesh S/o Jai Ram Dhakar, aged about 25 years, resident of Javda (Nimadi) P.S. Javda, Distt. Chittorgarh. (Lodged In Distt. Jail , Chittorgarh)

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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. Birbal Saran For Respondent(s) : Mr. Arjun Singh.

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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06/12/2018

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Arrested in connection with FIR No.15/2017 of Police Station Kanera, District Chittorgarh, for offence punishable under Section 8/15 of the NDPS, accused-petitioner has laid this second bail application under Section 439 Cr.P.C.

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First bail application of the petitioner was dismissed on 06.11.2017 as not pressed.

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Arguing on the second bail application, it is submitted by learned counsel that after rejection of first bail application, there is substantial change in the circumstances. It is submitted by learned counsel that after rejection of first bail application of the petitioner, co-accused, Shiv Lal, has been enlarged on bail by this Court on his second bail application, vide order dated 29.11.2018 and the case of present petitioner is not distinguishable from him, therefore, he may be enlarged on bail.

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(2 of 2)

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[CRLMB-12139/2018]

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having heard learned counsel for the petitioner as well as learned Public Prosecutor and taking into account totality of circumstances, without expressing any opinion on merits of the case, I feel inclined to grant indulgence to the petitioner.

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Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Dinesh S/o Shri Jai Ram Dhakar, arrested in connection with FIR No.15/2017, Police Station Kanera, District Chittorgarh, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of like amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(P.K. LOHRA),J

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112-a.asopa/-

Dinesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dinesh v. State of Rajasthan

Case brief

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What the court decided

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