Allowed

Vikram Meruta S/O Hazari Lal v. State of Rajasthan

Rajasthan HC21 Jan 2022CRLMB/7678/2021

Case brief

AI extract

What is this about?

In an interim bail application under Section 439 CrPC regarding a narcotics offence, the Court granted bail, owing to the alleged false implication and initial reliance on Section 50 non-compliance protections, ordering personal bond with sureties.

What did the court decide?

Petitioner enlarged on bail subject to personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each before trial court.

Vikram Meruta S/O Hazari Lal 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 IInd Bail Application No. 7678/2021

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Vikram Meruta S/o Hazari Lal, Aged About 23 Years, R/o Gram Jarkhoda, Tehsil Nainwa, Police Thana Karwar, District Bundi, Presently Residing At House No. 08, Shiv Vatika Colony, Mangyavaas Road, Near Saint Teresa School Mansarovar, Jaipur. (Accused Petitioner Is In Central Jail, Jaipur)

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----Accused Petitioner

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Versus ----Respondent

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State Of Rajasthan, Through P.P.

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For Petitioner(s) : Mr. Mohit Sharma, Advocate (through VC) For Respondent(s) : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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21/01/2022

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This IInd bail application has been filed by the petitioner under Section 439 CrPC seeking regular bail in FIR No. 202/2021 registered at Police Station, Mansarovar, Jaipur City (South) for the offence under Section 8/21 of NDPS Act.

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Learned counsel for the petitioner submits that the accused petitioner is innocent and he has been falsely implicated in this matter. He further submits that the 1st bail application of the petitioner was dismissed as withdrawn by this Court vide order dated 28.4.2021, with liberty to the petitioner to file a fresh bail application after filing of the challan. He further submits that after investigation, the challan has been filed in this matter. He further submits that in the instant case, quantity of smack alleged to have

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(2 of 2)

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[CRLMB-7678/2021]

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been recovered from the petitioner is 18 gms. and in another case alleged to have been registered against the petitioner for the offence under Section 8/21 of the NDPS Act, quantity of smack recovered from the petitioner is 41.25 gms. whereas the commercial quantity of the smack is 250 gms. He has relied upon the judgment passed by the Hon'ble Apex Court in the case of State of Rajasthan Versus Parmanent & another reported in (2014) 5 SCC 345 and submits that in the instant case, mandatory compliance of Section 50 of the NDPS Act has not been made. The petitioner is in judicial custody since long and the conclusion of trial will take long time, hence he may be enlarged on bail.

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Learned PP appearing for the State has opposed the

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same.

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Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail.

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Therefore, this IInd bail application is allowed and accused petitioner Vikram Meruta S/o Hazari Lal is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each before the trial court, subject to its satisfaction, with the stipulation that the petitioner shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.

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(PRAKASH GUPTA),J

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DILIP KHANDELWAL /27

Vikram Meruta S/O Hazari Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikram Meruta S/O Hazari Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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