Dismissed

Ratan Lal v. State of Rajasthan

Rajasthan HC7 Mar 2022CRLMB/119/2022

Case brief

AI extract

What is this about?

This order dismissed the third bail application of Ratan Lal regarding NDPS charges. The court denied bail because a stipulation from earlier orders required recording the Seizure Officer's statement before reconsideration, which had not yet been done, unlike other co-accused granted bail earlier.

What did the court decide?

The third bail application filed under Section 439 Cr.P.C. is rejected.

Ratan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 119/2022

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Third Bail

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Ratan Lal S/o Sonath Jat, Aged About 21 Years, Danthal, P.s. Sadar, Bhilwara. (At Present Lodged In Dist. 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 For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. Arun Kumar, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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07/03/2022

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Accused petitioner has made this third attempt for seeking bail in connection with FIR No.57/2020 of Police Station Badliyas, District Bhilwara for offences punishable under Sections 8/15, 29 of the NDPS Act.

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The first bail application at the behest of petitioner was dismissed on 16.09.2020 with liberty to file fresh bail application after filing of the charge-sheet. Thereafter, after filing of chargesheet, second bail application has been filed but the same was also dismissed on 01.03.2021 with liberty to file fresh bail application after recording statements of Investigating Officer and Seizure Officer. Thereafter, statement of Investigating Officer has been recorded as P.W.2 and benefit of bail has been

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(2 of 3)

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[CRLMB-119/2022]

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granted to co-accused., viz., Ishwar, Manohar Lal @ Babu Lal Dhakad, Shyamlal Balai and Banshi Lal Jat by co-ordinate Bench of this Court. It is further submitted that vehicle was found in an abandoned condition and Ishwar was arrested in the present case and, as per his statement contraband in question was procured by him with other co-accused, Shyamlal Balai from Manohar Lal @ Babulal Dhakad and the same was to be delivered to the Banshilal Jat. It is further submitted that the allegation against the present accused-petitioner and above-mentioned co-accused are identical, therefore, benefit of bail may also be granted to the accusedpetitioner.

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Learned Public Prosecutor has opposed the bail application and stated that only condition in regard earlier bail applications of above-mentioned co-accused was that they could file fresh bail application after the statement of Investigating Officer and benefit of bail has been granted to them after statement of Investigating Officer whereas in the present case at the time of rejection of second bail application, a liberty was granted to the petitioner that he could file fresh bail application after statement of Seizure Officer and Investigating Officer and in the present case, the statement of Seizure officer is yet to be recorded before learned trial Court.

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Having regard to the facts and circumstances of the case and the fact was not controverted by learned counsel for the petitioner that in regard above-mentioned co-accused who have been granted benefit of bail, a liberty was granted to file fresh bail application after statement of Investigating Officer only whereas

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(3 of 3) [CRLMB-119/2022]

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for the present petitioner, a liberty was granted to file fresh bail application after statement of Investigating Officer and Seizure Officer both and it is also an admitted position that statement of Seizure Officer is yet to be recorded, therefore, I do not find it to be a fit case to grant benefit of bail to the petitioner. Accordingly, the third bail application filed under Section 439 Cr.P.C. on behalf of accused-petitioner Ratan Lal is hereby rejected.

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(DEVENDRA KACHHAWAHA),J

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6-Bharti/-

Ratan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ratan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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