High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for an accused charged under Section 8/29 of NDPS Act, noting recovered contraband was less than commercial quantity and co-accused granted bail.
Release on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15508/2021
Rameshchand @ Ramesh Langda S/o Ramnarayan, Aged About 56 Years, R/o Riddhi-Siddhi Colony Mathana Road Baran Police Station Kotwali Baran District Baran Raj. At Present In District Jail Baran
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Kishan Swami Vishvesh Gupta For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
08/12/2021
This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.155/2021 was registered at P.S. Mangrol, District Baran for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.
Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Counsel further submits that the only case against the petitioner is for the offence
(2 of 3)
[CRLMB-15508/2021]
under Section 8/29 of NDPS Act. Co-accused Ram Balwan, Ramavatar and Veeru Suman have been granted bail by the Coordinate Bench of this Court vide order dated 31.08.2021 and 14.07.2021 respectively. Recovered contraband article is less than the commercial quantity. Counsel further submits that the accused petitioner is behind the bars since long. Conclusion of the trial may likely to take time. Hence, the accused petitioner be released on bail.
On the other hand, learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Rameshchand @ Ramesh Langda S/o Ramnarayan shall be released on bail in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(3 of 3)
[CRLMB-15508/2021]
However, it is directed that if the accused-petitioner commits such type of offence/s after his release on bail, the Public Prosecutor appearing for the State shall be at liberty to move application for cancellation of bail.
(MADAN GOPAL VYAS),J
CHARU/14
2 issues framed by the court
Whether the accused petitioner should be released on bail under Section 439 Cr.P.C. in a case involving offences under Section 8/29 of NDPS Act where co-accused have been granted bail.
Whether the quantity of recovered contraband constitutes commercial quantity for the purpose of granting bail.
2 provisions across 2 enactments
Rameshchand @ Ramesh Langda S/o Ramnarayan
The State Of Rajasthan, Through PP
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
