Allowed

Vishnu S/O Late Shri Manoj v. State of Rajasthan

Rajasthan HC10 Feb 2021CRLMB/203/2021

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of an accused implicated in an NDPS offence. Despite the petitioner's criminal record and the nature of the offence, the Court deemed it just to release him on personal bond with sureties, reserving the right of the trial court to cancel bail if a similar future offence is committed.

What did the court decide?

Release on bail under Section 439 Cr.P.C. on a bond of Rs. 1,00,000/ with two sureties for Rs. 50,000/- each.

Vishnu S/O Late Shri Manoj 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. 203/2021

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Vishnu S/o Late Shri Manoj, Aged About 35 Years, R/o Shiv Colony Bhagwan Ganj PS Ramganj Ajmer At Present In Central Jail Ajmer

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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. Rahul Agarwal
For Respondent(s)	:	Mr. Laxman Meena, PP
		Mr. Dalveer Singh, SHO,
		Police Station Dargah,Ajmer

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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.0112/2020 registered at Police Station Dargah, District Ajmer for the offence(s) under Section(s) 8/20 of NDPS Act, 1985. In pursuance of direction of this Court dated 27.01.2021, affidavit of Shri Dalveer Singh, SHO, Police Station Dargah, District Ajmer is filed. The affidavit is taken on record.

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. He submitted that the contraband allegedly recovered from his possession is less than commercial quantity. Learned counsel submitted that the petitioner is in custody since 07.10.2020, charge-sheet has been filed, trial of the case will take time, he has no criminal antecedents of like nature and prayed for his release on bail.

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(2 of 2)

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[CRLMB-203/2021]

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Opposing the second bail application, learned Public Prosecutor submitted that in view of criminal record 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 absence of criminal antecedents of like nature; 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 Vishnu S/o Late Shri Manoj 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/10

Vishnu S/O Late Shri Manoj v. State of Rajasthan

Case brief

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Vishnu S/O Late Shri Manoj v. State of Rajasthan

Case brief

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