Allowed

Kishan v. State of Rajasthan

Rajasthan HC13 Jul 2021CRLMB/4100/2021

Case brief

AI extract

What is this about?

Justice Rameshwrar Vyas allowed the bail application of an 71-year-old petitioner falsely implicated in a poppy husk possession case under the NDPS Act, directing release on personal bond with sureties. The connected bail application was dismissed as infructuous.

What did the court decide?

Petitioner released on bail in connection with FIR No.29/2020 upon executing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Kishan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8647/2021

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Kishan S/o Sh. Vajja, Aged About 71 Years, Sakthalikhurd, P.s. Arnod, Dist. Hanumangarh, Rajasthan. (Presently Lodged In District Jail, Pratapgarh)

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----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. 4100/2021

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For Petitioner(s)	: Mr. Vijay Kumar Gaur, Advocate in S.B. Crl. Misc. Bail Application No. 8647/2021
	Mr. Swaroop Singh Sisodia, Advocate in S.B. Crl. Misc.Bail Application No. 4100/2021
For Respondent(s)	: Mr. Vikram Sharma, Public Prosecutor

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HON'BLE MR. JUSTICE RAMESHWAR VYAS Order

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13/07/2021

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In S.B. Criminal Miscellaneous Bail Application No. 8647/2021

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Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner, who has been arrested in FIR No.29/2020 of Police Station Arnod, District Pratapgarh for the offence punishable under Section 8/15,29 of NDPS Act.

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Learned counsel for the petitioner submits that petitioner is license holder by Opium Department; he has taken the land on lease from Sugna Bai for cultivation of the Opium; he has been falsely implicated in this case for having illegal possession of 69 Kgs of Poppy husk. Learned counsel for the petitioner further submits that petitioner is 71 years of age and no other criminal

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(2 of 2)

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[CRLMB-8647/2021]

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case is pending against him. Therefore, learned counsel for the petitioner prays to enlarge the petitioner on bail.

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Learned Public Prosecutor opposed the grant of bail application.

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Having considered rival contentions of the learned counsel for the parties and material available on record, without commenting on the merits of the case, this Court deem it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kishan S/o Sh. Vajja shall be released on bail in connection with FIR No.29/2020 of Police Station Arnod, District Pratapgarh provided he executes a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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In S.B. Criminal Miscellaneous Bail Application No. 4100/2021

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Learned counsel for the petitioner submits that this bail application has rendered infructous.

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Dismissed accordingly.

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(RAMESHWAR VYAS),J

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29-30-heena/-

Kishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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