Allowed

Satyanarayan S/O Shri Govind Gurjar v. State of Rajasthan

Rajasthan HC25 Aug 2022CRLMB/12888/2021

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 an accused in an NDPS offence. Considering that the net contraband weight was below the commercial threshold and relying on a prior coordinate bench decision, the court granted bail requiring a personal bond with sureties without commenting on the case merits.

What did the court decide?

Petitioner enlarged on bail on furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Satyanarayan S/O Shri Govind Gurjar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12888/2021

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Satyanarayan S/o Shri Govind Gurjar, R/o Brikchiyawas PS Mangliyawas Dist. Ajmer Raj. (At Present In Central Jail Ajmer)

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----Petitioner

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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. Vinay Pal Yadav, Adv. For Respondent(s) : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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25/08/2022

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 0100/2021 registered at Police Station Pisangan District Ajmer (Raj.) for the offence(s) under Sections 8/15 and 8/25 of NDPS Act.

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Learned counsel for the accused-applicant submits that allegation upon the accused-applicant is of recovery of 50Kg and 220 gm of contraband from the three plastic bags which were kept in the car of the accused-applicant. The contraband was in the nature of Doda Post. Accused-applicant was said to be driver and owner of the car. Learned counsel has further submitted that on perusal of contraband weight report, it is made clear that approx. 0.580 kg weight was pertaining to the Bardana. As a result, quantity in question comes out to be below the commercial quantity. Learned counsel has relied upon the order dated

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(2 of 3)

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[CRLMB-12888/2021]

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03.05.2017 of the Coordinate Bench of this Court in SB Cri. Misc. Bail Application No. 5199/2017 titled as Bhajan Lal Vs. State of Raj. , wherein considering that the quantity recovered in the same facts and circumstances, was on a little higher side, the accusedapplicant was released on bail after filing of charge-sheet and after custody period of one year. Learned counsel has submitted that in the same set of facts and circumstances, when the Coordinate Bench of this Court has released the accused-applicant on bail then same should be considered in the case in hand as well.

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Per contra , learned Public Prosecutor has vehemently opposed the bail application. His additional submission is that three criminal antecedents are mentioned against the accusedapplicant pertaining to MMRD Act and other matters though none pertains to offence under NDPS Act. Learned Public Prosecutor is not able to controvert the submission of learned counsel for the petitioner.

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Considering the arguments advanced by the counsel for the parties and considering the fact that quantity in question after reducing the weight of Bardana came out to be less than the commercial quantity, relying upon the order of the Coordinate Bench of this Court Bhajan Lal (supra) and looking to the overall facts and circumstances of the case and material on record but without commenting on merits or demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Satyanarayan S/o Shri Govind Gurjar, shall be enlarged on

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(3 of 3)

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[CRLMB-12888/2021]

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bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(SAMEER JAIN),J

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Pooja /4

Satyanarayan S/O Shri Govind Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Satyanarayan S/O Shri Govind Gurjar v. State of Rajasthan

Case brief

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