Allowed

Manphool v. State of Rajasthan

Rajasthan HC6 Jan 2021CRLMB/10597/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to two petitioners involved in an NDPS case. Finding the court's evidence weaker than initial allegations due to WhatsApp communication preventing call location traces, the court released one petitioner on a personal bond with sureties.

What did the court decide?

Petitioner Manphool released on bail under Section 439 Cr.P.C. on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Manphool 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. 14038/2020

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Sunder @ Surendra S/o Sh. Sahi Ram, Aged About 20 Years, R/o Peelawa, Lohawat Police Station, Dist. Jodhpur. (Lodged In Sub Jail, Pokaran).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10597/2020 Manphool S/o Kishna Ram, Aged About 24 Years, Raneri, Police Thana Baap, District Jodhpur. (At Present Lodged At District Jail Jaisalmer).

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----Petitioner Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Bhanwaru Ram, on VC For Respondent(s) : Mr. Gaurav Singh, PP Mr. Dalpat Ji (I.O) SHO, Sub Inspector, P.S. Ramdevra

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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06/01/2021

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In wake of onslaught of COVID-19, lawyers have been

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advised to refrain from coming to the Courts.

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CRLMB NO.14038/2020:

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List after two weeks.

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CRLMB NO.10597/2020:

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This Court has perused the material available on record.

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(2 of 3)

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[CRLMB-14038/2020]

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The petitioner has been arrested in FIR No.73/2020 of Police Station Lathi, District Jaisalmer for the offences punishable under Sections 8/15 & 8/29 of NDPS Act and under Section 3/25, 35 of Arms Act. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner submits that present petitioner is alleged to be escorting the vehicle carrying the contraband inquestion.

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The Investigation Officer alongwith learned Public Prosecutor present in Court candidly admits that call location could not be taken because the calls between co-accused and the present petitioner were on WhatsApp. Investigating Officer also submits that except the information received through ‘mukhbir’ that there is escorting vehicle which is connected with the present petitioner, there is no other proof connecting the present petitioner with the crime in-question. The weapon recovered is also from main accused Sundar @ Surendra.

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On such statement of Investigating Officer and learned Public Prosecutor, this Court is inclined to grant bail to the present petitioner.

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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 and 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 Manphool S/o Kishna Ram shall be released on bail in connection with FIR

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(3 of 3)

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[CRLMB-14038/2020]

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No.73/2020 of Police Station Lathi, District Jaisalmer 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.

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40-41/Nirmala/Sanjay/-

Manphool v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manphool v. State of Rajasthan

Case brief

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