Allowed

Deva Nath v. State of Rajasthan

Rajasthan HC25 Nov 2021CRLMB/6244/2021

Case brief

AI extract

What is this about?

In a CRL Miscellaneous Bail Application, the High Court of Rajasthan at Jodhpur granted bail to Deva Nath, arrested under the NDPS Act, not being caught red-handed and given consideration for lack of prior convictions, with the main accused already released.

What did the court decide?

Release on bail in connection with FIR No.167/2020 by executing a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each.

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

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(1 of 2)

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[CRLMB-6244/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Second Bail Application No.

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6244/2021

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Deva Nath S/o Sh. Ladunath, Aged About 34 Years, Bherukheda, P.s. Asind, Dist. Bhilwara. (Presently Lodged In District Jail, Bhilwara).

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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. Birbal Ram Bishnoi For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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25/11/2021

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This Court has perused the material available on record.

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The petitioner has been arrested in FIR No.167/2020 of Police Station Rayla, District Bhilwara for the offences punishable under Sections 8/20 & 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Counsel for the petitioner submits that the main accused in the matter is Parvati Devi and the petitioner has not been caught red handed with the contraband as the same was recovered from Parvati Devi.

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Counsel for the petitioner submits that there are no previous criminal antecedents against the petitioner pertaining to NDPS law.

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Counsel for the further submits that contraband in-question was weighing 66 kg.

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(2 of 2)

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[CRLMB-6244/2021]

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Counsel for the further submits that ground for taking bail of main accused was violation of Section 50 of the NDPS Act, as recorded by this Court in its order dated 28.07.2021.

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Learned Public Prosecutor opposed the bail application.

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This Court looking into peculiar facts of the case and also fact that the petitioner was not caught red handed alongwith other material on record including grant of bail to main accused Parvati Devi, is not inclined to continue with custody of the petitioner at stage.

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Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner 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 Deva Nath S/o Sh. Ladunath shall be released on bail in connection with FIR No.167/2020 of Police Station Rayla, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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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(DR.PUSHPENDRA SINGH BHATI),J.

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70-nirmala/Sanjay-

Deva Nath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deva Nath v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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