Allowed

Dharmendra @ Gaddu v. State

Rajasthan HC21 Jul 2022CRLMB/4105/2022

Case brief

AI extract

What is this about?

Hearing a bail application under Section 439 Cr.P.C. in an NDPS case where the applicant was arrested for alleged supply of narcotics. The court allowed bail noting that recovery was not made from the applicant's possession and no record of mobile calls existed.

What did the court decide?

Bail allowed; applicant directed to execute a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Dharmendra @ Gaddu Vs State — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4105/2022

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Dharmendra @ Gaddu S/o Paramjeet Singh, Aged About 22 Years, R/o Ward No. 03 Maladkhera Ps Tibbi Distt. Hanumangarh Raj. (At Present Lodged In Distt. Jail Hanumangarh)

----Petitioner

Versus

State, Through Pp

		---	-Respondent
For Petitioner(s)	: Mr.	Om Singh Chauhan
For Respondent(s)	: Mr.	A.R. Choudhary,P.P.

¶8

HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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21/07/2022

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.29/2021 of Police Station Tibbi, District Hanumangarh for the offences punishable under Sections 8/21, 22 & 29 of the NDPS Act.

¶12

Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.

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Learned counsel for the applicant submits that recovery of narcotic substance was not made from possession of the present applicant and he has been involved in this case on the basis of statements of co-accused Manpreet Singh recorded under Section 67 of the NDPS Act; as per prosecution case, the applicant supplied the tablets to Manpreet Singh, however, in the chargesheet, the police specifically mentioned that there was no record

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(2 of 2) [CRLMB-4105/2022]

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regarding conversation on mobile phone and whatsapp being taken place between Manpreet Singh and the applicant; the applicant is under custody since 11.07.2021; no other case under provisions of the NDPS Act is pending against him, therefore, counsel for the applicant prays to allow the bail application.

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Learned Public Prosecutor opposes the grant of bail application.

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Having regard to the rival contentions of learned counsel for the parties and the material available on record, without commenting on the merits, in the facts and circumstances of the case, particularly looking to the fact that recovery has not been made from possession of the applicant and no record regarding alleged call details, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.

¶18

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Dharmendra @ Gaddu S/o Paramjeet Singh shall be released on bail in connection with FIR No.29/2021 of Police Station Tibbi, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(RAMESHWAR VYAS),J

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11-Taruna/-

Dharmendra @ Gaddu v. State

Case brief

What is this about?

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Dharmendra @ Gaddu v. State

Case brief

What is this about?

What did the court decide?

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