Allowed

Bhagirath S/O Gopallal v. State of Rajasthan

Rajasthan HC8 Apr 2021CRLMB/4076/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail applications filed by two accused persons under the NDPS Act. The court considered the length of custody, quantity of contraband, and absence of criminal antecedents before enlarging the petitioners on bail with bond and sureties.

What did the court decide?

Accused-petitioners were directed to be released on bail under Section 439 Cr.P.C. to furnish a personal bond of Rs.1,00,000/- with two sureties in Rs.50,000/- each.

Bhagirath S/O Gopallal 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. 4076/2021

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Bhagirath S/o Gopallal, Aged About 19 Years, Resident Of Trimurti Colony Pachpahad District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj.)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 4936/2021 Shankar Singh S/o Gopal Singh, Aged About 21 Years, Resident Of Purji Ka Kheda Police Station Mishroli District Jhalawar (Raj) (At Present Confined In Sub-District Jail, Bhawani Mandi District Jhalawar (Raj.)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s)	: Mr. Rohit Khandelwal
For Respondent(s)	: Mr. F.R. Meena, P.P.
	Mr. Bannalal, S.H.O., Police Station Dug,District Jhalawar.

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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08/04/2021

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In pursuance of direction of this Court dated 01.04.2021, Mr. Bannalal, S.H.O., Police Station Dug, District Jhalawar is present before this Court. He submitted his affidavit dated 08.04.2021. As per the affidavit, on 16.02.2021, investigation in FIR No.104/2020 registered at Police Station Mishroli, District Jhalawar was pending

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(2 of 3)

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[CRLMB-4076/2021]

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against the petitioner under Section 173(8) Cr.P.C.; but, by the time the case diary was sent on 16.03.2021, investigation against the petitioner in the aforesaid FIR No.104/2020 was already closed and his name was deleted from the array of accused. The explanation is satisfactory.

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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.18/2021 registered at Police Station Pagariya, District Jhalawar for the offence under Section(s) 8/21 & 29 of NDPS Act and later on for the offence under Section(s) 8/21, 25 & 29 of NDPS Act.

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Learned counsel for the petitioners contended that the contraband allegedly recovered from their possession is less than commercial quantity. He submitted that the petitioners are in custody since 06.02.2021, charge sheet has been filed, they have no criminal antecedents and prayed for their release on bail.

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Learned Public Prosecutor has opposed the bail applications.

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Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of allegation against them, their length of custody, quantity of contraband recovered from their possession being less than commercial, filing of charge sheet and absence of criminal antecedents; 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. Bhagirath S/o Gopallal & 2. Shankar Singh S/o Gopal Singh 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

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(3 of 3)

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[CRLMB-4076/2021]

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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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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /04 & 05

Bhagirath S/O Gopallal v. State of Rajasthan

Case brief

What is this about?

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Bhagirath S/O Gopallal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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