Allowed

Shakti Singh S/O Amar Singh v. State of Rajasthan

Rajasthan HC13 Dec 2022CRLMB/17848/2022

Case brief

AI extract

What is this about?

This order grants bail to the petitioner accused of offences under the NDPS Act. The High Court exercised its discretion to enlarge the petitioner on bond, noting the recovery was below commercial quantity, without expressing an opinion on the merits.

What did the court decide?

The petitioner shall be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Shakti Singh S/O Amar Singh 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 3^rd Bail Application No. 17848/2022

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Shakti Singh S/o Amar Singh, Aged About 32 Years, R/o Ab-70, Nirman Nagar, Police Station Shyam Nagar, Jaipur(Raj.). (At Present Confined At Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Sarthak Gupta, Adv. Mr. Rajesh Sharma, Adv. Mr. Lokesh Dangi, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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13/12/2022

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The present 3^rd bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.118/2022 Registered at Police Station Sindhi Camp, Jaipur for the offence(s) under Sections 8/22 & 8/29 of N.D.P.S. Act.

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Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since 28.06.2022. Learned counsel for the petitioner further submits that the contraband article was recovered from the possession of co-accused Tushar Choudhary, who was enlarged on bail by the Co-ordinate Bench of this Court. Learned counsel for the petitioner further submits that the case pertains to below commercial quantity because after investigation, FSL report was submitted by the prosecution in which recovered contraband

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(2 of 2)

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[CRLMB-17848/2022]

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article is Methamphetamine. As per the schedule, commercial quantity of the said contraband article is 50 gram and recovered contraband article from the possession of co-accused Tushar Choudhary is 34 gram which is less than commercial quantity and conclusion of trial may take long time.

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Learned Public Prosecutor has opposed the 3^rd bail application.

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Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the 3^rd bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Shakti Singh S/o Amar Singh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the 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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(NARENDRA SINGH DHADDHA),J

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Gourav/143

Shakti Singh S/O Amar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shakti Singh S/O Amar Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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