Allowed

Dayal Ram v. State

Rajasthan HC7 Jan 2019CRLMB/44/2019

Case brief

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What is this about?

The High Court of Rajasthan at Jodhpur granted bail to two petitioners arrested under the NDPS Act for possession of poppy straw. The court deemed it just and proper to grant bail without expressing an opinion on the merits, directing execution of a bond with sureties.

What did the court decide?

Petitioners released on bail in connection with FIR No.212/2018 upon execution of personal bond of Rs.50,000 with sureties.

Dayal Ram Vs State — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 44/2019

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Dayal Ram S/o Mohan Ram, Aged About 45 Years, By Caste Jat Saran, Resident Of Barani, Police Station Sadar, Nagaur. (At Present Lodged In District Jail, Nagaur)

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Laxman Ram S/o Kisna Ram, Aged About 31 Years, By Caste Jat, Resident Of Ratdi, Police Station Sri Balaji, District Nagaur. (At Present Lodged In District Jail, Nagaur)

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----Petitioners Versus

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State, Through Pp

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----Respondent

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For Petitioner(s) : Mr. R.S. Choudhary, Mr. J.K. Suthar For Respondent(s) : Mr. Deepak Choudhary, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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07/01/2019

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

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The petitioners have been arrested in FIR No.212/2018 of Police Station Sadar, Nagaur for the offences punishable under Sections 8/15 of the NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioners has submitted that the narcotic contraband i.e. poppy straw weighing 1 kgs 600 gms alleged to have been recovered from the petitioners is below commercial quantity.

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(2 of 2)

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[CRLMB-44/2019]

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Learned Public Prosecutor has opposed the bail application.

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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 petitioners under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners – (1) Dayal Ram S/o Mohan Ram and (2) Laxman Ram S/o Kisna Ram shall be released on bail in connection with FIR No.212/2018 of Police Station Sadar, Nagaur provided each of them executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their 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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72-msrathore/-

Dayal Ram v. State

Case brief

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Dayal Ram v. State

Case brief

What is this about?

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