Allowed

Shankar v. State of Rajasthan

Rajasthan HC1 Sept 2022CRLMB/1430/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur granted bail to two petitioners arrested under the NDPS Act and Arms Act. The court held it just and proper to release them on bail, noting that similarly situated co-accused had already been granted bail by this Court and that the trial was expected to take a sufficient long time.

What did the court decide?

Petitioners enlarged on bail in FIR No.97/2020, PS Bilara, Jodhpur, on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Shankar 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 Misc. Bail Application No. 5144/2022

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Kailash S/o Shankar Lal, Aged About 32 Years, R/o Dhangliya Ka Khera, P.S. Rasmi, District Chittorgarh (Raj.)

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(At Present Lodged At Central Jail, Jodhpur)

----Petitioner

Versus

State Of Rajasthan

----Respondent

Connected With

S.B. Criminal Misc. Bail Application No. 1430/2022

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Shankar S/o Sh. Ratanlal, Aged About 42 Years, R/o Baladrakha, P.s. Bassi, Dist. Chittorgarh.

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(Presntlylodged At Central Jail, Jodhpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

¶16

----Respondent

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For Petitioner(s) : Mr.Anand Purohit, Sr. Adv. assisted by Mr.Kapil Purohit and Mayan Roi, Adv. in Bail No.1430/22 Mr.R.K.Charan, Ms.Sampati Godara and Mr.Praveen Singh, Adv. in Bail No.5144/22 For Respondent(s) : Mr.Mukesh Trivedi, PP Mr.Virendra Singh, Rathore, Addl. S.P., A.T.S., Jodhpur

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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01/09/2022

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The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.97/2020, Police Station Bilara, Distt. Jodhpur for the offence under Sections 8/15, 29 of NDPS Act and Section 3/25 of Arms Act.

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Learned counsel for the petitioners submits that similarly situated co-accused Dinesh and Shrawan Ram have already been

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(2 of 2)

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[CRLMB-5144/2022]

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granted bail by this Court and the case of the present petitioners is not distinguishable from that of the co-accused. It is also contended that neither the recovery was made from the present petitioners nor any call details between the present petitioners and other accused were available. The present petitioners have been made accused with the aid of Section 29 of the NDPS Act. Challan of the case has already been presented and no investigation is pending. The petitioners are in judicial custody and trial of the case will take sufficient long time. In these circumstances, the petitioners may be released on bail.

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Learned Public Prosecutor has opposed the bail application.

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I have considered the arguments advanced before me and gone through the material available on record.

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Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioners on bail.

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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners (1) Kailash S/o Shankar Lal and (2) Shankar S/o Sh. Ratanlal shall be enlarged on bail in FIR No.97/2020, Police Station Bilara, Distt. Jodhpur provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(MANOJ KUMAR GARG),J

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50–51 NK/-

Shankar v. State of Rajasthan

Case brief

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Shankar v. State of Rajasthan

Case brief

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