Allowed

Gopal v. State of Rajasthan

Rajasthan HC3 Sept 2021CRLMB/10368/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed two connected bail applications filed under Section 439 Cr.P.C. The court held it just and proper to enlarge the accused on bail despite opposition from the Public Prosecutor, noting the alleged recovery was below commercial quantity and no NDPS cases were registered against the first petitioner.

What did the court decide?

Granted bail to petitioners to be released on executing personal bonds with sufficient sureties, subject to appearance in the trial court.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 11249/2021

¶3

Sanjay @ Sohan Lal S/o Shimbhu Lal Dhakad, Aged About 24 Years, Chawadiya, P.S. Parsoli, Dist. Chittorgarh. (Presently Lodged In District Jail, Chittorgarh).

¶4

----Petitioner

¶5

Versus

¶6

State of Rajasthan, Through PP

¶7

----Respondent

¶8

Connected With

¶9

S.B. Criminal Miscellaneous Bail Application No. 10368/2021 Gopal S/o Ratan Lal Sharma, Aged About 27 Years, Itawa, P.S. Parsoli Dist. Chittorgarh. (Presently Lodged In District Jail, Chittorgarh).

¶10

----Petitioner

¶11

Versus

¶12

State of Rajasthan, Through PP

¶13

----Respondent

¶14

For Petitioner(s)	: Mr. Kamal Rathore
For Respondent(s)	: Mr. SK Bhati,Public Prosecutor

¶15

HON'BLE MR. JUSTICE RAMESHWAR VYAS

¶16

Order

¶17

03/09/2021

¶18

In S.B. Criminal Miscellaneous Bail Application No.

¶19

11249/2021:-

¶20

Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner who has been arrested in connection with FIR No.61/2021 registered at Police Station Parsoli, District Pratapgarh for the offences punishable under

¶21

(2 of 4)

¶22

[CRLMB-11249/2021]

¶23

Section 8/18 of Narctoic Drugs And Psychotropic Substances, Act, 1985 and 3/25 Arms Act, 1959.

¶24

Learned counsel for the petitioner submits that first bail

¶25

application of the petitioner was rejected vide order dated 06.08.2021; the investigation has been completed and charge sheet under Sections 8/18 NDPS Act and 3/25 Arms Act has been filed against the present petitioner and under Section 8/29 and 3/25 Arms Act against the co-accused Gopal; the alleged recovery of narcotics substance is below commercial quantity; no other criminal case under NDPS Act has been registered against the petitioner Sanjay; trial may take time to complete. Learned counsel for the petitioner prays to enlarge the petitioner on bail.

¶26

Learned Public Prosecutor has opposed the grant of bail to the petitioner. As per his contention, the alleged recovery is below commercial quantity.

¶27

Having considered rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.

¶28

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sanjay @ Sohan Lal S/o Shimbhu Lal Dhakad shall be released on bail in connection with FIR No.61/2021 registered at Police Station Parsoli, District Pratapgarh provided he executes a personal bond in the 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

¶29

(3 of 4)

¶30

[CRLMB-11249/2021]

¶31

appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶32

In S.B. Criminal Miscellaneous Bail Application No. 10368/2021:-

¶33

¶34

Learned counsel for the petitioner submits that present petitioner has been made accused on the basis of statement of the co-accused Sanjay; the alleged recovery of the narcotics substance is below commercial quantity; challan has been filed against the present petitioner with the help of Sections 8/18 & 8/29 of NDPS Act. Learned counsel for the petitioner prays to enlarge the petitioner on bail.

¶35

Learned Public Prosecutor has opposed the grant of bail to the petitioner. As per his contention, one another criminal case under NDPS Act is pending against the present petitioner.

(4 of 4)

[CRLMB-11249/2021]

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gopal S/o Ratan Lal Sharma shall be released on bail in connection with FIR No.61/2021 registered at Police Station Parsoli, District Pratapgarh provided he executes a personal bond in the 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.

¶40

(RAMESHWAR VYAS),J

¶41

117-rahul arya/-

Gopal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gopal 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

Parties & counsel

Coram

Case details

Similar cases

Smt Shanti Devi Vs State

Jaikishan Vs State

Tarun Vaishnav Vs State of Rajasthan

Ranveer Singh Vs State

Sanwarmal Vs State

Ghewar Ram Vs State of Rajasthan