Allowed

Rahul v. State of Rajasthan

Rajasthan HC16 Aug 2019CRLMB/9104/2019

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What is this about?

The High Court of Rajasthan at Jodhpur allowed a second bail application under Section 439 Cr.P.C. filed by an accused charged with narcotic offences under the NDPS Act. The court granted bail without pronouncing an opinion on merits, directing the release on personal bond with sureties.

What did the court decide?

Petitioner granted bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each to appear before the trial court.

Rahul Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Second Bail Application No. 9104/2019

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Rahul S/o Teja @ Tej Banjara, Aged About 28 Years, R/o Gundarel, P.S. Kanera, District Chittorgarh (Raj.) (Presently Lodged At District Jail, Chittorgarh)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Manish Kumar Pitaliya For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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16/08/2019

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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 FIR No.52/2017 of Police Station Vijaypur, District Chittorgarh for the offences punishable under Sections 8/18, 25 and 29 of NDPS Act, 1985. He has preferred this second bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he supplied 79 kgs. of poppy straw to co-accused Ghanshyam, from whom the police recovered the same. It is submitted that co-accused Ghanshyam has already been enlarged on bail by this Court on 15.01.2018. It is submitted that no recovery has been effected from the petitioner.

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Learned Public Prosecutor has opposed the bail application.

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(2 of 2) [CRLMB-9104/2019]

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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.

¶18

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Rahul S/o Teja @ Tej Banjara shall be released on bail in connection with FIR No.52/2017 of Police Station Vijaypur, District Chittorgarh 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.

¶19

(VIJAY BISHNOI),J

¶20

Abhishek Kumar S.No.18

Rahul v. State of Rajasthan

Case brief

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Rahul v. State of Rajasthan

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