High Court allowed anticipatory bail to applicant accused of drug supply under NDPS Act, noting implication relied solely on inadmissible co-accused statement and lack of other evidence, granting personal bond with sureties.
Anticipatory bail allowed; personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5855/2022
Girdhari Gurjar S/o Shri Sharvan Gurjar, R/o Shivnagar, P.s. Masooda, Distt. Ajmer (Raj.)
----Applicant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Applicant(s) : Mr. J.R. Chaudhary, Adv. Mr. M.I. Abbasi, Adv. For Respondent(s) : Mr. Mangal Singh Saini, P.P.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
15/09/2022
(2 of 3)
[CRLMB-5855/2022]
Nadu reported in (2021) 4 SCC 1 and submitted that merely on the statement of co-accused, without any cogent evidence, the present accused-applicant cannot be arrested. It is further submitted that the main accused, Ganpat Lal, from whom recovery was effected, has been enlarged on regular bail by the trial Court vide order dated 29.03.2022.
(3 of 3)
[CRLMB-5855/2022]
Officer of the concerned Police Station on the following
conditions:-
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii) that the applicant shall not leave India without previous permission of the court.
(SAMEER JAIN),J
KESHAV GHIYA /21
2 issues framed by the court
Whether anticipatory bail should be granted where implication relies solely on co-accused statement under Section 67 of NDPS Act.
Whether release on regular bail of the main accused affects the basis of implication against the applicant.
Colour shows how this judgement treated each authority
Toofan Singh Vs. State of Tamil NaduRelied on¶13
Toofan Singh Vs. State of Tamil Nadu reported in (2021) 4 SCC 1 · Who else cites this
3 provisions across 2 enactments
Girdhari Gurjar
State Of Rajasthan
SAMEER JAIN
KESHAV GHIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
