Allowed

Awdesh Kumar Gupta Son of Baburam v. State of Rajasthan

Rajasthan HC1 Apr 2021CRLMB/4542/2021

Case brief

AI extract

What is this about?

The High Court allowed bail applications filed by Phool Singh Kewat and Awdesh Kumar Gupta accused under the NDPS Act. Considering the quantity of contraband, length of custody, and absence of criminal antecedents, the court directed their release on personal bond with sureties.

What did the court decide?

Release on bail with personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each complying with Section 437(3) Cr.P.C.

Awdesh Kumar Gupta Son of Baburam 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. 4541/2021

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Phool Singh Kewat Son Of Late Shri Durgesh Singh, Aged About 37 Years, R/o Village Jhinjhak, Police Station Mangalpur, District Kanpur Dehat, Presently Tenent, Prabhu Narayan Ka Makaan No. 8, Devnagar, Rampura Road, Police Station Muhana, District Jaipur, (Raj.). (Presently Confined In Central Jail Jaipur)

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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. 4542/2021 Awdesh Kumar Gupta Son Of Baburam, Aged About 49 Years, R/o Ram Chandra Ka Makan, Vidya Vihar Colony, Bakewar, Police Station Bakewar, District Itawa, Uttar Pradesh. (Presently Confined In Central Jail Jaipur)

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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
For Petitioner(s)	: Mr. Mohit Sharma, Mr. Arpit Dotasra
For Respondent(s)	: Mr. Laxman Meena, PP Mr. Dilip Kumar Soni, SHO, Station Mansarovar, Jaipur	Police

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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01/04/2021

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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.182/2021 registered at Police Station Shipra Path, District Jaipur City (South) for the offence under Section 8/20 of NDPS Act

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(2 of 3)

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[CRLMB-4541/2021]

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and later on for the offence under Section(s) 8/20 & 8/29 of NDPS Act.

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Mr. Dilip Kumar Soni, SHO, Police Station Mansarovar is present in pursuance of direction of this Court and submitted that none of the petitioners has any criminal antecedent.

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Learned counsels for the petitioners contended that they have falsely been implicated in this case. They submitted that contraband allegedly recovered from the possession of petitioner Awdesh Kumar Gupta is less than commercial quantity and petitioner Phool Shing Kewat has been implicated on the basis of information furnished by co-accused under Section 27 of the Evidence Act, 1872. They submitted that the petitioners are in custody since 03.03.2021 and 02.03.2021 respectively, investigation as against them is complete, they have no criminal antecedents and prayed for their release on bail.

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Learned Public Prosecutor has opposed these bail applications.

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Taking into consideration the submissions advanced by learned counsels for the petitioners, nature of allegations against them, their length of custody, quantity of contraband recovered from their possession and absence of their 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, these bail applications are allowed and it is directed that accused-petitioners 1. Phool Singh Kewat Son Of Late Shri Durgesh Singh and 2. Awdesh Kumar Gupta Son

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Of Baburam shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned

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(3 of 3) [CRLMB-4541/2021]

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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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(MAHENDAR KUMAR GOYAL),J

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MADAN/23-24

Awdesh Kumar Gupta Son of Baburam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Awdesh Kumar Gupta Son of Baburam v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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