Allowed

Bhanwar Singh @ Bharat Singh v. State of Rajasthan

Rajasthan HC6 Aug 2021CRLMB/4858/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 CrPC was filed by an accused charged under the NDPS Act for cultivating coca plants. The court, relying on coordinate bench precedents and the nature of charges, released the petitioner on bail with sureties without expressing an opinion on the merits regarding Section 37 restrictions.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 2,00,000 and two sound and solvent sureties of Rs. 1,00,000 each.

Bhanwar Singh @ Bharat Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

¶1

(1 of 2)

¶2

[CRLMB-4858/2021]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Criminal Miscellaneous Bail Application No. 4858/2021

¶5

Bhanwar Singh @ Bharat Singh S/o Gheesa Singh, Aged About 34 Years, R/o Kamda Ki Nadi (Badach), P.S. Badnor, District Bhilwara (Raj.). (Presently Lodged in District Jail, Bhilwara).

¶6

----Petitioner

¶7

Versus

¶8

State of Rajasthan through PP

¶9

----Respondent For Petitioner(s) : Mr. Vineet Jain For Respondent(s) : Mr. Shrawan Bishnoi, PP

¶10

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

¶11

Order

¶12

06/08/2021

¶13

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.39/2021, Police Station Badnor, District Bhilwara, registered for the offences punishable under Sections 8/16, 8/18 of NDPS Act.

¶14

Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

¶15

Learned counsel for the petitioner stated that as per prosecution, 4240 coca plants and coca leaves have been recovered from the accused-petitioner and hence, as per the Note No.3 appearing below the Table appended to the NDPS Act, cultivation of opium poppy is covered under Clause (c) of Section 18 of the NDPS Act and thus obviously the restriction contained in Section 37 of the NDPS Act would not be attracted to such offence. Learned counsel further stated that charge-sheet has

¶16

(2 of 2)

¶17

[CRLMB-4858/2021]

¶18

been filed and trial will take long time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

¶19

Per contra, learned Public Prosecutor opposed the bail application but does not controvert the arguments advanced by learned counsel for the petitioner.

¶20

Having regard to the facts and circumstances of the case and particularly considering the orders passed by the Co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.4173/2021 tittled as ‘ Vachangiree Chela Ratangiree Vs. State of Rajasthan ’ dated 25.03.2021 and S.B. Criminal Misc. Bail Application No.2539/2017 titled as ‘ Prem Singh Vs. State of Rajasthan ’ dated 09.05.2017, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

¶21

Consequently, the present bail application is allowed. It is ordered that the accused-petitioner - Bhanwar Singh @ Bharat Singh S/o Gheesa Singh, arrested in connection with F.I.R. No.39/2021, Police Station Badnor, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lakhs) and two sound and solvent sureties of Rs.1,00,000/- (Rupees One Lakh) each to the satisfaction of the 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.

¶22

(DEVENDRA KACHHAWAHA),J

¶23

16-Arvind/-

Bhanwar Singh @ Bharat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwar Singh @ Bharat Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Laxma Vs State

Lokesh Vs State of Rajasthan

Ankit Suthar Vs State of Rajasthan

Khartaram Vs State

Dinesh Vs State of Rajasthan

Bharat Raigar Vs State