Allowed

Jagdish S/O Nannuram @ Naina B/C Meena v. State of Rajasthan

Rajasthan HC8 May 2020CRLMB/2802/2020

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the Court considered the petitioners' custody, the bail granted to other co-accused, and the absence of recovery from them, and held it appropriate to release them on bail with a personal bond. The prayer was allowed.

What did the court decide?

Petitioners enlarged on bail by furnishing a personal bond of Rs.25,000/- with one surety of alike amount.

Jagdish S/O Nannuram @ Naina B/C Meena Vs State of… — Narcotics (NDPS) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2802/2020

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Jagdish S/o Nannuram @ Naina, Aged About 42 Years, R/o Devrerimoond Ps Harnavdashahji Dist. Baran Raj. (At Present In Sub Jail Chhabra Dist. Baran)

¶4

Laxminarayan S/o Deepa, Aged About 35 Years, R/o Deverimoond Ps Harnavdashahji Dist. Baran Raj. (At Present In Sub Jail Chhabra Dist. Baran)

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----Petitioners

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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.Ali Mohd. Khan For Respondent(s) : Mr.FR Meena, Public Prosecutor – present in the Court

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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08/05/2020

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Heard learned counsel for the accused-petitioners through video conferencing as well as learned Public Prosecutor, present in the Court.

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Learned counsel for the accused-petitioners submitted that the accused-petitioners have been arrested in a case arising out of FIR No.279/2019 registered at Police Station Kanwai, District Baran for the offence under Sections 8/15 and 8/29 of NDPS Act.

¶15

Learned counsel for the accused-petitioners submitted that the other co-accused Mukesh, Vijay Singh, Rajesh and Laxman @ Lachman have been enlarged on bail by this Court while accepting their bail application No.18085/2019 decided vide order dated 22^nd January, 2020.

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(2 of 2)

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[CRLMB-2802/2020]

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Learned counsel submitted that the accused-petitioners have been implicated only on the statement of other co-accused and recovery also has not been made from them.

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Learned counsel further submitted that whatever contraband has been recovered from the possession of other co-accused is also less than commercial quantity.

¶20

Learned counsel submitted that the accused-petitioners are in custody since 15^th February, 2020 and after investigation, the Police has filed challan.

¶21

Considering the contention raised by learned counsel for the accused-petitioner and the facts regarding grant of bail to the other co-accused as well as taking into account the facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (i) Jagdish S/o Nannuram alias Naina and (ii) Laxminarayan S/o Deepa shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.25,000/- with one surety of alike amount to the satisfaction of learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(ASHOK KUMAR GAUR),J

¶24

Preeti Asopa /Himanshu /4

Jagdish S/O Nannuram @ Naina B/C Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish S/O Nannuram @ Naina B/C Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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