Allowed

Bhagirath v. State

Rajasthan HC17 Jun 2021CRLMB/6076/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur allowed a bail application under Section 439 Cr.P.C. for the petitioner, Bhagirath, involved in a case under the NDPS Act. The court deemed it just and proper to enlarge the accused on bail, noting lack of direct evidence connecting him to the offense.

What did the court decide?

Petitioner Bhagirath enlarged on bail provided he executes a personal bond of Rs.1,00,000/with two sureties of Rs.50,000/- each.

Bhagirath Vs State — 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. 6076/2021

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Bhagirath S/o Shri Gopichand, Aged About 41 Years, R/o Narayani, P.s. Choti Sadri, Pratapgarh. (At Present Lodged In Distt. Jail Pratapgarh)

----Petitioner

Versus

State, Through PP

	----Respondent
For Petitioner(s)	: Mr. Ramesh Chandra Purohit, through VC
For Respondent(s)	: Mr. Javed Gauri, PP

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

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Order

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17/06/2021

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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.90/2020 of Police Station Choti Sadri, District Pratapgarh for the offence punishable under Sections 8/15, 25 & 29 of NDPS Act.

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Learned counsel for the petitioner submits that there is no evidence available on record against the petitioner to connect him with the offence; investigation has been completed and charge sheet has been filed against the petitioner under Section 8/15 read with Section 29 of the NDPS Act; no narcotic substance has been recovered from the possession of the petitioner and the present petitioner has been involved in this case on the statement of co-accused; no criminal case is pending against the present

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(2 of 2) [CRLMB-6076/2021]

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petitioner and therefore, petitioner-accused may be enlarged on bail.

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Learned Public Prosecutor opposed to grant of bail to accused. As per his contention, accused Bhagirath in his statement under Section 161 Cr.P.C. stated that his sim was being used and on the basis of this sim number, petitioner has been connected with the offence.

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In the facts and circumstances of this case, particularly the nature of evidence 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 Bhagirath S/o Shri Gopichand shall be released on bail in connection with FIR No.90/2020 of Police Station Choti Sadri, 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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(RAMESHWAR VYAS (VACATION JUDGE)),J

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3-heena/-

Bhagirath v. State

Case brief

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What did the court decide?

Bhagirath v. State

Case brief

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