Allowed

Mahendra Singh v. State of Rajasthan

Rajasthan HC26 Apr 2022CRLMB/5451/2022

Case brief

AI extract

What is this about?

This judgment allows a bail application filed under Section 439 Cr.P.C. by an accused facing charges under the NDPS Act. The court granted bail noting the quantity was below commercial levels, despite the co-accused implicating the petitioner.

What did the court decide?

Accused Mahendra Singh released on bail with a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, directed to appear monthly at the police station.

Mahendra Singh 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 Miscellaneous Bail Application No. 5451/2022

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Mahendra Singh S/o Suraj Singh, Aged About 26 Years, R/o Prempura, P.s. Kunwariya, District Rajsamand (Rajasthan) (At Present Lodged In District Jail, Rajsamand)

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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. Vikram Singh For Respondent(s) : Mr. Laxman Solanki, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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26/04/2022

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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.57/2022, Police Station Kunwariya, District Rajsamand, registered for the offence under Section 8/20, 8/29 of the NDPS Act.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that as per prosecution, 2 Kg 200 gram Ganja alleged to have been recovered from the possession of co-accused Ram Lal Banjara and accusedpetitioner has been implicated in this case on the statement of coaccused Ramlal; that the recovered quantity is below commercial quantity; that no investigation and recovery is pending against the

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(2 of 3)

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[CRLMB-5451/2022]

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accused-petitioner; that accused-petitioner is behind the bars since 17.04.2022; that further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused-petitioner.

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that earlier four another cases, triable by Magistrate, are also registered against the accused-petitioner.

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Having regard to the facts and circumstances of the case, since recovered quantity is below commercial quantity and further investigation and trial 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-Mahendra Singh S/o Suraj Singh, arrested in connection with F.I.R. No. 57/2022, Police Station Kunwariya, District Rajsamand, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand) each, one shall be of close/blood relative, to the satisfaction of the 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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(3 of 3)

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[CRLMB-5451/2022]

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However, looking to the facts and circumstances of the case, accused-petitioner is directed to appear before the concerned Police Station in the last week of every month till disposal/decision of the main case pending before learned trial Court.

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(DEVENDRA KACHHAWAHA),J

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103-Bharti/-

Mahendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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