Vacation Judge tightened bail criteria and granted bail to the petitioner accused of narcotics offences, observing that investigation was completed and no evidence existed against him, requiring him to execute a personal bond.
Released on bail executed a personal bond in the sum of Rs. 1,00,000/- with two sound & solvent 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.
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[CRLMB-6854/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6854/2021 Anil Manda S/o Kishna Ram Vishnoi, Aged About 25 Years, Resident of Hamirnagar Finch, Police Station Luni District Jodhpur.
(At present lodged in District Jail, Chittorgarh).
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Kailash Khilery, through VC For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)
Order
17/06/2021
Before this Court is an application under Section 439 CrPC preferred on behalf of petitioner Anil Manda S/o Kishna Ram Vishnoi, who is in custody in connection with FIR No.24/2019 registered at Police Station Begun, District Chittorgarh for offence punishable under Sections 8/15, 8/25 & 8/29 NDPS Act.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that investigation has been completed; charge-sheet against the present petitioner has been filed for the offence under Section 8/15 read with Section 29 NDPS Act. No recovery has been made from the possession of the present petitioner; he has been involved in this case on the basis of statement recorded under Section 67 of the NDPS Act of the co-accused Mahipal Vishnoi. The narcotics substance was recovered in a deserted vehicle, which was shown to be stolen from the possession of Sunil. Learned counsel for the
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[CRLMB-6854/2021]
petitioner also submits that there is no evidence against the present petitioner and prays to enlarge the petitioner on bail.
Learned Public Prosecutor has opposed grant of bail to the petitioner. As per his contention, three other criminal cases under NDPS Act are pending against him. Co-accused Mahipal in his statement given under Section 67 of the NDPS Act has stated that he and present petitioner Anil Manda were escorting the vehicle containing narcotics substance in another vehicle. Learned Public Prosecutor further submits that the alleged recovery of poppy husk is in commercial quantity.
Having considered the rival contentions of learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly, looking to 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 the accused-petitioner on bail under Section 439 CrPC.
Accordingly, this bail application under Section 439 CrPC is allowed. It is ordered that the petitioner Anil Manda S/o Kishna Ram Vishnoi, who is in custody in connection with FIR No.24/2019 registered at Police Station Begun, District Chittorgarh, shall be released on bail provided he/she/each of them executes a personal bond in the sum of Rs.1,00,000/- (rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his/her/their appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS),VJ
37-AnilKC/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC in connection with the NDPS case.
2 provisions across 2 enactments
Anil Manda
State of Rajasthan
RAMESHWAR VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
