Allowed

Prakash @ Om Prakash S/O Kalyan v. State of Rajasthan

Rajasthan HC16 May 2022CRLMB/7199/2022

Case brief

AI extract

What is this about?

The High Court dismissed objections regarding the charge sheet and prior antecedents without commenting on merits, holding it was just and proper to grant bail to the petitioner in an NDPS case with a route of enabling a personal bond of Rs.50,000.

What did the court decide?

Petitioner enlarged on bail via personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of the trial Judge.

Prakash @ Om Prakash S/O Kalyan 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 2^nd Bail Application No. 7199/2022

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Prakash @ Om Prakash S/o Kalyan, Aged About 31 Years, R/o Alipura, Police Station Sadar Hindaun, Karauli Rajasthan ( At Present Confined Sub Jail Hindaun City)

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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 For Petitioner(s) : Mr. Timan Singh For Respondent(s) : Mr. Prashant Sharma, PP

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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16/05/2022

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This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 117/2022 registered at Police Station New Mandi Hindaun, District Karauli, for the offence under Section 8/21 of NDPS Act.

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It is submitted by learned counsel for the petitioner that the recovered contraband is less than commercial quantity. The petitioner is behind the bars since long and charge-sheet has been submitted. As per rejection bail order, the petitioner has criminal antecedents of one case and he is on bail in that case. Hence, the accused-petitioner may be released on bail.

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Learned Public Prosecutor has opposed the bail application.

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Heard and perused the material available on record.

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The first bail application of the petitioner was dismissed by

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this Court vide order dated 31.03.2022, as withdrawn with liberty

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(2 of 2) [CRLMB-7199/2022]

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to file afresh after filing of the charge-sheet. Now, the chargesheet has been filed.

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Therefore, looking to the overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the 2^nd bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Prakash @ Om Prakash S/o Kalyan shall be enlarged on bail; provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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(CHANDRA KUMAR SONGARA),J

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PAYAL/24

Prakash @ Om Prakash S/O Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Prakash @ Om Prakash S/O Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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