Allowed

Gopal v. State of Rajasthan

Rajasthan HC17 Nov 2021CRLMB/10328/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Gopal, accused under Sections 8 and 29 of the NDPS Act. The court granted bail as a principal accused implicated on information from main accused who were already released on bail, relying on precedent Netram vs State of Rajasthan.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each combined with Rs. 50,000.

Gopal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10328/2021

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Gopal S/o Kishna Gurjar, Aged About 28 Years, Tamoti, P.s. Kukadeshwar, Dist. Neemuch (M.p.). (At Presnet Lodged At District Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan,	Through Pp
	----Respondent
For Petitioner(s)	: Mr. R.K. Charan
For Respondent(s)	: Mr. Gaurav Singh,P.P.

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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17/11/2021

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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.96/2019 of Police Station Rawatbhatta, District Chittorgarh for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that in the present case, main recovery of narcotic contraband in question was held from Pappu and Puran Mal. It is submitted that petitioner has been implicated in the case by virtue of 8/29 of NDPS Act on the information given by Pappu and Puran Mal. As far as Pappu and Puran Mal are concerned, they have already been enlarged on

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(2 of 2)

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[CRLMB-10328/2021]

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bail. After placing reliance on the decision in the case of Netram vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163, learned counsel for the petitioner has submitted that case of the petitioner is lesser footing than both the persons, who have already been enlarged on bail, therefore, petitioner may also be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application And after going through the case diary does not dispute the fact that case of the petitioner is fall within purview of 8/29 of NDPS Act and main accused persons have already been enlarged on bail.

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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, this Court deems it just and proper to grant bail to the accused petitioner 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 petitioner Gopal S/o Kishna Gurjar shall be released on bail in connection with FIR No.96/2019 of Police Station Rawatbhatta, 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.

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(SUDESH BANSAL),J

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4-Taruna/-

Gopal v. State of Rajasthan

Case brief

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Gopal v. State of Rajasthan

Case brief

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