Allowed

Gudar Ram S/O Shri Chotha Ram v. State of Rajasthan

Rajasthan HC4 May 2020CRLMB/4470/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Gudar Ram under Section 439 Cr.P.C. in an NDPS Act case. The court noted the recovered quantity was below the commercial limit and the petitioner had no pending criminal cases, directing release on personal bond and sureties.

What did the court decide?

Petitioner enlarged on bail in FIR No.117/2020 with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Gudar Ram S/O Shri Chotha Ram Vs State of Rajasthan — 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. 4470/2020

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Gudar Ram S/o Shri Chotha Ram, Aged About 43 Years, R/o Jakhro Ka Bas Khatiyasni, Jodhpur, P.s. Dangiyawas, Distt. Jodhpur. (At Present Confined In Central Jail, Ajmer.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav (through jitsi meet) For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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04/05/2020

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This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with FIR No.117/2020 registered at Police Station Civil Line, Ajmer for offence under Sections 8/15 of NDPS Act.

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Heard learned counsel for the petitioner through jitsi meet. It has been submitted by the learned counsel for the petitioner that the accused-petitioner has been falsely implicated in the case. There is no previous criminal case pending against him. The quantity of alleged recovered contraband is 10kg 250 gm which is much below the commercial quantity. Commercial quantity for poppy straw is 50 kg. The petitioner is in custody since 20.03.2020. His mother has also expired on 22.04.2020. Hence, he may been granted bail.

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(2 of 2)

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[CRLMB-4470/2020]

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Learned Public Prosecutor has opposed the bail application. 4. Perused the case diary and factual report. As per the factual report total 10kg 250 gm of poppy straw is alleged to have been recovered from the possession of accused-petitioner. No previous criminal case has been shown pending against him. The recovered quantity of contraband is 10kg 250gm, while commercial quantity is 50kg for poppy straw. Hence, the recovered quantity is below the commercial quantity.

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I have considered the rival contentions.

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On consideration of arguments/submissions of both the parties, material on record and facts and circumstances of the case, but without commenting upon detailed merits of the case, this Court deems it fit to enlarge the accused on bail.

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Therefore, the bail application is allowed. Accused-petitioner Gudar Ram S/o Shri Chotha Ram shall be released on bail in FIR No.117/2020 registered at Police Station Civil Line, Ajmer, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(MANOJ KUMAR VYAS),J

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Arun/39

Gudar Ram S/O Shri Chotha Ram v. State of Rajasthan

Case brief

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What did the court decide?

Gudar Ram S/O Shri Chotha Ram v. State of Rajasthan

Case brief

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What the court decided

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