Allowed

Nitin Jatav v. State of Rajasthan

Rajasthan HC1 Feb 2022CRLMB/1269/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application filed under Section 439 Cr.P.C. for two petitioners involved in NDPS offences. The court noted the quantity of opium was below commercial limits and the trial would take time, granting bail subject to a personal bond and sureties.

What did the court decide?

Accused-petitioners released on bail with a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Nitin Jatav 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. 1269/2022

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Nitin Jatav S/o Gopal Jatav, Aged About 22 Years, Aatri Mataji, Teh. Manasa, Dist. Neemach, Madhya Pradesh. (At Present Lodged At Dist. Jail, Dist. Pali).

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Balveer Singh S/o Himmat Singh, Aged About 23 Years, Samli Chandrawat, Teh. Neemach, P.s. Cant Neemach, Dist. Neemach, Madhya Pradesh. (At Present Lodged At Dist. Jail, Dist. Pali).

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Divakar Sharma, through VC For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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01/02/2022

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In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.11/2022, Police Station Siriyari, Dist. Pali for the offences punishable under Section 8/18 & 29 of the NDPS Act.

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(2 of 3)

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[CRLMB-1269/2022]

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Heard learned counsel for the petitioners through video conferencing and learned Public Prosecutor, present in person. Perused the material available on record.

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It is submitted by learned counsel for the petitioners that 800 grams opium is recovered from accused-petitioners which is below the commercial quantity; no other cases were registered against accused-petitioners; accused-petitioners are behind the bars from 11.01.2022; and trial will take time; therefore, it is prayed that the petitioner may be enlarged on bail.

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Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioners and stated that 800 grams of opium mixed liquid was recovered from accused-petitioners.

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Having regard to the facts and circumstances of the case and particularly looking to the facts that contraband recovered i.e. opium is below the commercial quantity; accused-petitioners are behind the bars since 11.01.2022; and trial will take sufficiently long time; no other cases are registered against the accusedpetitioners, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners Nitin Jatav S/o Gopal Jatav and Balveer Singh S/o Himmat Singh arrested in connection with F.I.R. No.11/2022, Police Station Siriyari, Dist. Pali shall be released on bail; provided each of

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(3 of 3)

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[CRLMB-1269/2022]

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them furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with two sound and solvent sureties (out of which one shall be local) of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DEVENDRA KACHHAWAHA),J

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108-dharmendra/-

Nitin Jatav v. State of Rajasthan

Case brief

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Nitin Jatav v. State of Rajasthan

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