Allowed

Suraj Sansi S/O Shri Rajkumar v. State of Rajasthan

Rajasthan HC5 Mar 2021CRLMB/1971/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 CrPC. The petitioner, a student and co-accused driver charged with carrying Ganja, was granted bail with a personal bond of Rs. 50,000 and two sureties, considering that another co-accused driver was already released.

What did the court decide?

Release on bail under Section 439 CrPC by furnishing a personal bond of Rs. 50,000 with two sureties and complying with Section 437(3) CrPC conditions.

Suraj Sansi S/O Shri Rajkumar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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(1 of 2)

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[CRLMB-1971/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Third Bail Application No. 1971/2021

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Suraj Sansi S/o Shri Rajkumar, Resident Of New Balaji Byepass Gawariya Basti Phulera Dist. Jaipur. (Accused Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Rakesh Chandel for Mr. Dinesh Pareek For Respondent(s) : Mr. Tej Prakash Sharma Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 05/03/2021

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This third bail application has been filed under Section 439 CrPC in connection with FIR No. 197/2020 registered at Police Station- Bassi, Dist. Jaipur for the offences under Sections 8/20 of N.D.P.S Act.

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Learned counsel for the petitioner submits that the another coaccused who was the driver of the other vehicle has been released on bail by this court vide order dated 29.01.2021 and submits that the case of the petitioner is identical to that of Pankaj Yadav. Police investigation and the charge-sheet has found that the petitioner was driving the vehicle from which the contraband Ganja was recovered and the connection of the petitioner is only to the said extent. Petitioner is a student and a young boy who has future carrer which shall be jeopardize, if bail is not granted to him.

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Per contra learned counsel appearing for the Narcotic Department submits that petitioner is also owner of the vehicle from

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(2 of 2)

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[CRLMB-1971/2021]

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which 32 Kgs of Ganja was recovered and in terms of Section 25 of NDPS Act, the owner is liable for any contraband recovered from the said vehicle.

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Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State and carefully scanned the relevant material available on record.

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I have considered the submissions and perused the charge sheet.

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From the perusal of the investigation report, it is apparent that one lady Panchmukhi has been found to have purchased the contraband article from one Ram Avtar and was carrying the same in two vehicles in four different bags along with other co-accused. Both the vehicles have been driven by Pankaj Yadav and petitioner Suraj Sansi and thus the petitioner Suraj Sansi has been made as a accused in the case. It is also noticed that there is no previous case against the petitioner.

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Taking into consideration that the co-accused Pankaj Yadav has already been released on bail by this Court, I am inclined to grant the bail to the petitioner.

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Therefore, this third bail application is allowed and it is ordered that accused petitioner Suraj Sansi S/o Shri Rajkumar, shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.50,000/- with two sureties in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(SANJEEV PRAKASH SHARMA),J

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ashu /5

Suraj Sansi S/O Shri Rajkumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suraj Sansi S/O Shri Rajkumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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