Allowed

Devendra Kumar S/O Pawan Kumar v. State of Rajasthan

Rajasthan HC2 Aug 2022CRLMB/2334/2022

Case brief

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What is this about?

This anticipatory bail application under Section 438 CrPC, filed in connection with an FIR under the NDPS Act, was allowed by the Court. The petitioner was directed to furnish a personal bond with two sureties and comply with specified conditions.

What did the court decide?

Anticipatory bail allowed on furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Devendra Kumar S/O Pawan Kumar 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. 2334/2022

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Devendra Kumar S/o Pawan Kumar, aged about 35 Years, R/o Khoja P.S. Raho Dist. Shahid Bhagatsingh Nagar (Punjab)

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----Petitioner

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Versus

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State of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Sanjeev Kumar Mahala, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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02/08/2022

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This anticipatory bail application has been filed under Section 438 Cr.P.C in connection with FIR No.181/2019 registered at Police Station Raipur, District Jhalawar for the offences under Sections 8/15, 8/25 & 8/29 of NDPS Act.

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Learned counsel for the petitioner submits that the alleged contraband has not been recovered from the petitioner. As per rejection bail order, the petitioner has criminal antecedents of two cases and he has been acquitted in both the cases. Counsel further submits that looking to the facts and circumstances of the case, the petitioner may kindly be released on anticipatory bail.

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On the other hand, learned Public Prosecutor has opposed the bail application.

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Taking into consideration the submissions made by the learned counsel for the petitioner and looking to the facts and

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(2 of 2) [CRLMB-2334/2022]

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circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.

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Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Devendra Kumar S/o Pawan Kumar in the aforesaid FIR by the Investigation Officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each (out of which one surety shall be the resident of Jhalawar District) to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioner will make himself available for the investigation as and when required by the investigation officer.

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ii) That the petitioner will not leave India without permission of the Court.

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iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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Satyendra/67

Devendra Kumar S/O Pawan Kumar v. State of Rajasthan

Case brief

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Devendra Kumar S/O Pawan Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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