Allowed

Prahalad Patidar v. State of Rajasthan

Rajasthan HC18 Feb 2022CRLMB/241/2022

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a bail application under Section 439 Cr.P.C. for an accused in an NDPS trial. The Court accepted the petition due to the lack of evidence beyond the co-accused statement and noted the trial would take a long time.

What did the court decide?

Released on bail with personal bond of 1,00,000/- and two sureties of 50,000/- each conditioned on appearance before the trial court.

Prahalad Patidar 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. Second Bail Application No. 241/2022

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Prahalad Patidar S/o Late Shri Banslal, Aged About 56 Years, R/o Sidhpura Rathanjana, District Pratapgarh. (At Present Lodged in District Jail, Sirohi).

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----Petitioner

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Versus

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State of Rajasthan through PP

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		----Respondent
For Petitioner(s)	: Mr. Mridul Jain, Mr. Bhagat Dadhich & Mr. K.C. Sharma
For Respondent(s)	: Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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18/02/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.288/2021 at Police Station Pindwara, District Sirohi, registered for the offence punishable under Sections 8/15, 29 & 25 of the NDPS Act.

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Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

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Learned counsel appearing for the petitioner stated that first bail application of the petitioner was dismissed with the liberty to the petitioner to file fresh bail application after filing of the chargesheet and thereafter, charge-sheet has been filed. Learned counsel stated that there is no evidence available against the petitioner

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(2 of 2)

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[CRLMB-241/2022]

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except to the information given by the co-accused; petitioner is behind the bars since 25.06.2021; trial will take time. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

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Per contra, learned Public Prosecutor opposed the bail application but not controverted this fact that neither mobile number is mentioned in the charge-sheet nor the call detail report obtained is available which can connect the accused-petitioner with the other co-accused.

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Having regard to the facts and circumstances of this case, particularly to the facts that except to the statement of coaccused, there is no other evidence is available on record; chargesheet has been filed and trial trial of the case will take sufficiently long time, 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 petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Prahalad Patidar S/o Late Shri Banslal arrested in connection with F.I.R. No.288/2021 at Police Station Pindwara, District Sirohi, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of 1,00,000/- (Rupees One lakh) with two sound and solvent₹ sureties of ₹50,000/- (Rupees Fifty Thousand) 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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7-Arvind/-

Prahalad Patidar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prahalad Patidar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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