Allowed

Jagdish S/O Ramlal Tanwar v. State of Rajasthan

Rajasthan HC10 Feb 2021CRLMB/1417/2021

Case brief

AI extract

What is this about?

This second bail application under Section 439 Cr.P.C. was filed by an accused confined in Sub Distt. Jail Aklera for NDPS offences. The High Court allowed the bail, directing release with a bond and two sureties, citing the length of custody and prosecution material, while retaining power to cancel bail for similar future offences.

What did the court decide?

Accused to be released on bail under Section 439 Cr.P.C. furnishing a personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, complying with Section 437(3) Cr.P.C. conditions.

Jagdish S/O Ramlal Tanwar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous II Bail Application No. 1417/2021

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Jagdish S/o Ramlal Tanwar, R/o Badri Durjanpura PS Ghatoli Distt. Jhalawar Raj. (At Present Confined In Sub Distt. Jail Aklera Distt. Jhalawar Raj.)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through PP

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	----Respondent
For Petitioner(s) :	Mr. Rohit Khandelwal
For Respondent(s) :	Mr. Laxman Meena, PP Mr. Raju Udaywal, S.I. Police Station Aklera,Jhalawar

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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10/02/2021

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The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.245/2020 registered at Police Station Aklera, District Jhalawar for the offence(s) under Section(s) 8/21 & 8/29 of NDPS Act and later on for offence under Sections 8/15 & 8/29 of NDPS Act.

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Learned counsel for the petitioner submitted that after dismissal of the first bail application, charge-sheet has been filed; hence, the second bail application.

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Learned counsel submitted that there is no incriminating evidence against him except the interrogation note of co-accused. With regard to his criminal antecedents, learned counsel submitted that in case No.207/2014, he has already been acquitted and in case No.230/2017, he was extended benefit of pre-arrest bail by this Court. He submitted that the petitioner is in custody since

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(2 of 2)

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[CRLMB-1417/2021]

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23.11.2020, charge-sheet has been filed, trial of the case will take time and prayed for his release on bail.

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Opposing the second bail application, learned Public Prosecutor submitted that in view of criminal antecedents of the petitioner, he does not deserve indulgence of bail.

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Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody, filing of charge-sheet and the material available in it; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the second bail application is allowed and it is directed that accused-petitioner Jagdish S/o Ramlal Tanwar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/(Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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However, looking to his criminal antecedents and nature of offence, it is made clear that in case the petitioner is found involved in offence(s) of similar nature in future, the learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.

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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/14

Jagdish S/O Ramlal Tanwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdish S/O Ramlal Tanwar v. State of Rajasthan

Case brief

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