Dismissed

Rameshwar Lal Regar v. State of Rajasthan

Rajasthan HC17 Aug 2021CRLMB/8239/2021

Case brief

AI extract

What is this about?

This Single Judge Bench dismissed a bail application filed under Section 439 Cr.P.C. for an accused in an NDPS offence involving commercial quantity of contraband. The court held bail was unjustified at that stage but allowed a fresh application after recording the IO's statement.

What did the court decide?

Bail application dismissed; liberty to file fresh application after recording statement of Investigating Officer.

Rameshwar Lal Regar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR.

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…..

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S.B. Criminal Misc. Bail Application No. 8239/2021.

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Rameshwar Lal Regar son of Shri Bholu Lal Regar, by caste Regar, aged about 26 years, resident of Jojwa Village, Bigod Police Station, District Bhilwara.

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(LODGED IN DISTRICT JAIL, BHILWARA).

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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. Aziz Khan. Mr. Manish Dhebana. For Respondent(s) : Mr. Shrawan Bishnoi, PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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17/08/2021

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The instant bail application has been preferred under Section 439 Cr.P.C. on behalf of the accused-petitioner, who is in judicial custody in connection with First Information Report (FIR) No. 100/2020, Police Station Bigod, District Bhilwara, registered for the offence punishable under Section 8//25 of the NDPS Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that the benefit of bail has already been granted by the co-ordinate Bench of this Court to the co-accused persons, namely, Dharma @ Dharmraj Bairwa and Kamlesh @ Kamal Dhakad; that except the statement

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(2 of 2)

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[CRLMB-8239/2021]

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of the co-accused, there is no direct evidence available against the accused-petitioner to connect him with the alleged crime; that the accused-petitioner is behind the bars since one year; that the trial of the case will take time, therefore, benefit of bail may be granted in favour of the accused-petitioner.

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Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner and stated that the present petitioner has been made accused in the present case for the offence punishable under Section 8/25 of the NDPS Act; that in fact, the tractor in question belongs to the accused-petitioner; that the recovered quantity of the contraband in the present case is commercial quantity and, therefore, considering all these facts, benefit of bail may not be granted to the accused-petitioner.

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Having heard learned counsel for the parties and having scanned through the material available on record, this Court is of the opinion that the present bail application moved under Section 439 Cr.P.C. on behalf of the accused-petitioner, Rameshwar Lal Regar S/o Bholu Lal Regar, is dismissed at this stage.

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However, having regard to the facts and circumstances of the case, the petitioner shall be at liberty to file fresh bail application after recording the statement of the Investigating Officer.

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(DEVENDRA KACHHAWAHA),J

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11-Mohan/-

Rameshwar Lal Regar v. State of Rajasthan

Case brief

What is this about?

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Rameshwar Lal Regar v. State of Rajasthan

Case brief

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