The High Court at Jodhpur allowed bail to Manoj under Section 439 Cr.P.C. in cases under the NDPS Act, 1985, despite incomplete co-accused arrests. It listed the second application for adjournment.
Petitioner Manoj released on bail via personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6753/2021
Manoj S/o Ramchandra, Aged About 35 Years, Chenchi, P.S. Begu, District Chittorgarh. (At Present Lodged At District Jail, Chittorgarh).
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5993/2021
Pappu S/o Dhanraj Suthar, Aged About 32 Years, B/c Suthar, R/o Gulana, P.S4. Begu Dist. Chittorgarh. (At Present Lodged in Dist. Jail, Chittorgarh). )
----Petitioner
Versus
State of Rajasthan, Through P.P
----Respondent
| For Petitioner(s) | : Mr. Abhishek Charan for Mr. Ravinder Kumar Charan in S.B. Criminal Miscellaneous Bail Application No. 6753/2021 Mr. J.V.S. Deora for Mr. Vijay in S.B. Criminal Miscellaneous Bail Application No. 5993/2021 |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma,P.P |
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/07/2021
In S.B. Criminal Miscellaneous Bail Application No. 6753/2021
Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner who has been arrested in connection with FIR No.12/2020 registered at Police Station Begu,
(2 of 3) [CRLMB-6753/2021]
District Chittorgarh for the offences punishable under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner submits that investigation has been completed and charge sheet against the present petitioner has been filed without any evidence; the prosecution case is based upon the information recorded under Section 27 of Indian Evidence Act, 1872 of petitioner and co-accused Ghanshyam; the involvement of the present petitioner is not based on any cogent evidence; petitioner is innocent one. Learned counsel for the petitioner prays to enlarge the petitioner on bail.
Learned Public Prosecutor opposed the grant of bail to the petitioner. As per his contention, co-accused Ramesh has not been arrested yet.
In the facts and circumstances of the case, particularly the nature of evidence available on record without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Manoj S/o Ramchandra shall be released on bail in connection with FIR No. 12/2020 registered at Police Station Begu, District Chittorgarh 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.
(3 of 3)
[CRLMB-6753/2021]
In S.B. Criminal Miscellaneous Bail Application No. 5993/2021
Learned counsel for the petitioner seeks for an adjournment.
List the matter after three weeks, as prayed.
(RAMESHWAR VYAS),J
76-rahul arya/-
2 issues framed by the court
Whether bail can be granted to the petitioner in offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Whether an adjournment can be granted for the second bail application.
1 provisions across 1 enactments
Manoj S/o Ramchandra
State of Rajasthan
Pappu S/o Dhanraj Suthar
State of Rajasthan
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
