Allowed

Bajrang Lal S/O Mangilal Swami v. State of Rajasthan

Rajasthan HC9 Apr 2021CRLMB/3924/2021

Case brief

AI extract

What is this about?

This court allowed bail to two accused petitioners arrested under the NDPS Act for possession of contraband less than commercial quantity. Bail was granted subject to a bond and sureties, with a warning that bail could be cancelled if they commit similar offenses in the future.

What did the court decide?

Petitioners released on bail via personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Bajrang Lal S/O Mangilal Swami 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 Bail Application No. 3924/2021

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Bajrang Lal S/o Mangilal Swami, Resident Of Singhaniya, Police Station Jhalarapatan, District Jhalawar (Raj.) (At Present Petitioner Confined At District Jail Jhalawar)

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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

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 3925/2021 Trilok Chand S/o Mohanlal Goswami, Resident Of Sindhaniya Police Station Jhalarapatan District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Aklera District 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. Pranay Raj Singh Jhala, Mr. Rohit Khandelwal
For Respondent(s)	:	Mr. PankajAgarwal,P.P.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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09/04/2021

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The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.77/2021 registered at Police Station Aklera, Jhalawar, District Jhalawar (Rajasthan) for the offence under Section(s) 8, 21 & 29 of NDPS Act.

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Learned counsels for the petitioners contended that the contraband allegedly recovered from their possession is less than

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(2 of 3)

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[CRLMB-3924/2021]

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commercial quantity. They submitted that the petitioners are in custody since 08.02.2021, charge sheet has been filed, they have no criminal antecedents of like nature, co-accused person has been extended benefit of bail by this Court and prayed for their release on bail.

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Opposing the bail applications, learned Public Prosecutor submitted that both the petitioners have criminal antecedents and hence, they do not deserve indulgence of bail.

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Taking into consideration the submissions advanced by learned counsels for the petitioners, the nature of allegation against them, their length of custody, filing of charge sheet, the contraband recovered from their possession being less than commercial quantity, absence of criminal antecedents of like nature and release of co-accused person on bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

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Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Bajrang Lal S/o Mangilal Swami & 2. Trilok Chand S/o Mohanlal Goswami shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish 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 they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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However, looking to their criminal antecedents and nature of offence, it is made clear that in case the petitioners are found

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(3 of 3)

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[CRLMB-3924/2021]

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involved in offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to them by this Court.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /05 & 06

Bajrang Lal S/O Mangilal Swami v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bajrang Lal S/O Mangilal Swami v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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