Allowed

Babu Lal v. State of Rajasthan

Rajasthan HC13 Jul 2021CRLMB/7005/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was preferred by Babu Lal, arrested under the NDPS Act. The Court, noting that other co-accused had already been granted bail and without expressing an opinion on the merits, was satisfied that it was just to enlarge the petitioner on bail with the execution of a personal bond and sureties.

What did the court decide?

Petitioner released on bail in connection with FIR No. 43/2020, PS Bhensroadgarh, upon execution of a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Babu Lal 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. 7005/2021

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Babu Lal S/o Uday Lal Dhakad, Aged About 48 Years, Ganeshpura, Police Station Bhensroadgarh, District Chittorgarh (Rajasthan). (At Present Lodged In District Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s)	: Mr.	H.S. Chouhan
For Respondent(s)	: Mr.	Javed Gouri,PP

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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13/07/2021

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Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner Babu Lal, who has been arrested in connection with FIR No.43/2020, Police Station Bhensroadgarh, District Chittorgarh for the offence punishable under Section 8/29 of the NPDS Act.

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It is submitted by learned counsel for the petitioner that after completion of investigation, challan against the petitioner has been filed under Section 8/29 of the NDPS Act. It is submitted that nothing has been recovered from the possession of the petitioner. The petitioner has been made accused without any evidence available on record. It is submitted that the petitioner has been made involved in the offence solely on the information of coaccused Kailash Chandra and Bansilal. It is further submitted that the co-accused Sanwata in S.B. Criminal Misc. Bail Application No. 5675/2021, Jasraj in S.B. Criminal Misc. Bail Application No.

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(2 of 2)

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[CRLMB-7005/2021]

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5677/2021, Kailash Chandra & Banshi in S.B. Criminal Misc. Bail Application No. 5678/2021, decided on 06.05.2021 have already been granted bail by a co-ordinate Bench of this Court. Learned counsel for the petitioner prayed for grant of bail to the petitioner.

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Learned Public Prosecutor has failed to indicate the evidence available against the petitioner except the information of petitioner and co-accused Kailash Chandra recorded under Section 27 of the Indian Evidence Act.

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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 Babu Lal S/o Shri Uday Lal Dhakad shall be released on bail in connection with FIR No. 43/2020, Police Station Bhensroadgarh, District Chittorgarh, 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),J

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14-AK Chouhan/-

Babu Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babu Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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