Allowed

Dolaram @ Sonu v. State of Rajasthan

Rajasthan HC15 Jun 2021CRLMB/6070/2021

Case brief

AI extract

What is this about?

This order grants bail to Dolaram @ Sonu under Section 439 Cr.P.C. in connection with an FIR involving offences under the NDPS Act. The court allowed the bail application noting the investigating officer's concession that no evidence except co-accused statements was collected during interrogation.

What did the court decide?

Petitioner released on bail via personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Dolaram @ Sonu 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. 6070/2021

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Dolaram @ Sonu S/o Harjiram, Aged About 21 Years, R/o Birloka, P.s. Birloka, P.s. Khinvsar, Distt. Nagaur (Raj.) (At Present Lodged In Distt. Jail Sriganganagar)

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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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For Petitioner(s)	: Mr. J.V.S. Deora through V.C.
For Respondent(s)	: Mr. S.K. Bhati,PP

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HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)

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Order

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15/06/2021

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Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner Dolaram @ Sonu, who has been arrested in connection with FIR No. 151/2020, Police Station Rajiyasar, District Sri Ganganagar for the offences punishable under Sections 8/22 & 29 of the NDPS Act.

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It is submitted by learned counsel for the petitioner that the Investigating Officer has not collected any evidence against the present petitioner regarding supply of narcotic substance to the co-accused Malkeet Singh & Balkar Singh. Investigation has been completed and charge-sheet has been filed against the present petitioner with the help of Sections 8/22 and 29 of the NDPS Act without any legal evidence. It is prayed that petitioner may be enlarged on bail.

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(2 of 2)

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[CRLMB-6070/2021]

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Learned Public Prosecutor opposed the grant of bail to the petitioner.

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In pursuance of the order dated 11.06.2021 the Investigating Officer - Mr. Madan Lal, S.H.O., P.S. Jaitsar, District Sri Ganganagar is present in person in the Court and conceded that he could not collect any evidence against the petitioner except the statement of co-accused during the course of interrogation before the police.

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The way of conducting such type of investigating is highly deplorable.

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

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Dolaram @ Sonu S/o Harjiram shall be released on bail in connection with FIR No. 151/2020, Police Station Rajiyasar, District Sri Ganganagar, provided he executes a personal bond in the sum of Rs. 1,00,000/- (rupees One Lakh) with two sound & solvent sureties of Rs. 50,000/- (rupees Fifty Thousand) each to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.

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(RAMESHWAR VYAS (VACATION JUDGE)),J

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4-AK Chouhan/-

Dolaram @ Sonu v. State of Rajasthan

Case brief

What is this about?

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Dolaram @ Sonu v. State of Rajasthan

Case brief

What is this about?

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