Allowed

Poonam Chand v. State

Rajasthan HC10 Dec 2020CRLMB/8638/2020

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court of Rajasthan allowed bail to the petitioner accused of offences under Sections 8, 22, and 29 of the NDPS Act. The Court found the prosecution story unconvincing due to lack of corroborative evidence and ordered the petitioner's release on a 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.

Poonam Chand Vs State — Narcotics (NDPS) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8638/2020

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Poonam Chand S/o Sh. Ram Chandra, Aged About 21 Years, B/c Swami, Resident Of Ward No. 2, Arjunsar, Police Station Mahajan, District Bikaner (Raj.). (Presently Lodged In Sub Jail, Suratgarh, District Sriganganagar).

----Petitioner

Versus

State, Through P.p.

	----Respondent
For Petitioner(s)	: Mr. Vineet Jain on VC.
For Respondent(s)	: Mr. Gaurav Singh PP for the State.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/12/2020

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In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

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This Court perused the material available on record.

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The petitioner has been arrested in connection with FIR No.13/2020 of Police Station Rajiyasar, District Sriganganagar for the offences punishable under Sections 8/22 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner specifically averred that the present petitioner has been arrayed as an accused in this case only on count of the statement of the co-accused, as the petitioner’s corroborative connection with the crime in question has not been established.

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(2 of 3) [CRLMB-8638/2020]

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Learned counsel for the petitioner further submits that Jaswindra Singh @ Bagga s/o Bohad Singh and Kuldeep Singh s/o Sarjeet Singh were caught red-handed with the contraband in question. Learned counsel for the petitioner thus submits that there is no corroborative connection between the present petitioner and the crime in question.

¶17

Learned Public Prosecutor opposed the bail application and submits that the petitioner’s call details indicate that he was in constant contact with one Jitendra Sharma.

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Learned Public Prosecutor further submits that Jitendra Sharma has not been arrested, and thus, his connection with the crime in question is yet to be finally investigated.

¶19

Learned Public Prosecutor however, could not show to this Court any corroborative connection between the present petitioner and the accused persons, who were caught red-handed alongwith the contraband in question.

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After hearing learned counsel for the parties as well as carefully examining the record of the case, the prosecution story does not induce confidence of this Court, so as to continue the custody of the present petitioner in this case at this stage.

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Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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(3 of 3)

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[CRLMB-8638/2020]

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Poonam Chand S/o Sh. Ram Chandra shall be released on bail in connection with FIR No.13/2020 of Police Station Rajiyasar, District Sriganganagar 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.

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(DR.PUSHPENDRA SINGH BHATI),J.

¶26

7-SKant/-

Poonam Chand v. State

Case brief

What is this about?

What did the court decide?

Poonam Chand v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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