Dismissed

Mahesh Chand S/O Shri Ramesh Chand v. State of Rajasthan

Rajasthan HC17 Jul 2023CRLMB/1080/2023

Case brief

AI extract

What is this about?

This order dismisses bail applications filed under Section 439 Cr.P.C. by three accused-petitioners falsely implicated in a narcotics case involving 387.50 kg of ganja. The court refused bail citing the nature of the offence and the large quantity exceeding commercial limits under Section 37 N.D.P.S. Act.

What did the court decide?

Bail applications dismissed being devoid of merits. Bahadur Singh's application listed for future.

Mahesh Chand S/O Shri Ramesh Chand Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous III Bail Application No. 1080/2023 Mahesh Chand S/o Shri Ramesh Chand, R/o Railway Hospital Quarter No. 218, Railway Workshop Colony, At Present R/o Aastha Nagar, Near Silver Bells Railway Colony, P.s. Railway Colony, District Kota (Raj.) (At Present Confined In District Jail Bundi)

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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

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Connected With

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S.B. Criminal Miscellaneous III Bail Application No. 1381/2023 Vikram Singh @ Fablu @ Fablia S/o Dasharatha, R/o Tonkda, P.s. Hindoli, District Bundi (Raj.) ( At Present Lodged In Jail Bundi)

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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

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S.B. Criminal Miscellaneous Bail Application No. 8045/2023 Bahadur Singh Son Of Dharamraj

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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

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For Petitioner(s)	: Mr.	Shamsuddin Ansari
	Mr.	Shree Ram Dhakar
	Mr.	Santosh Kumar Jain
For Respondent(s)	: Mr.	Laxman Meena, PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

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17/07/2023

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S.B. Criminal Misc. 3 rd Bail Application No. 1080/2023 S.B. Criminal Misc. 3rd Bail Application No. 1381/2023

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The instant bail applications have been filed under Section

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439 Cr.P.C. on behalf of accused-petitioners in the matter arose

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(2 of 3) [CRLMB-1080/2023]

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out of FIR No. 535/2021 registered at Police Station Sadar, District Bundi.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The accusedpetitioners have nothing to do with the alleged offence. They are behind the bars since 21.04.2022. No recovery has been affected from the present petitioners. They were not even present at the time of occurrence of incident. The present petitioners have been taken into custody only on the statement of the other accused persons. The statement of PW-1; Mukesh, Seizing Officer, has also been recorded during trial. Trial of the case is likely to take a long time to conclude and till then, further incarceration of the present accused-petitioners would not serve any fruitful purpose. They are ready and willing to furnish bail bonds for their release. Therefore, the bail applications deserve to be allowed.

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Learned Public Prosecutor has vehemently opposed the bail applications. It is submitted that corroborative evidence has been given by the Seizing Officer against the present petitioners. Call details records of the petitioners are also available. The recovered contraband i.e. Ganja (387.50 kilograms) is above the commercial quantity, thus, the embargo contained under Section 37 would be attracted. Thus, looking to the nature of offences and recovered quantity of the contraband, the bail applications deserve to be dismissed.

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Heard learned counsel for the parties and perused all types of evidence and other material available on record.

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[CRLMB-1080/2023]

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(3 of 3)

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The quantity of the recovered contraband i.e. Ganja (387.50 kilograms) is much more than the commercial quantity. The accused-petitioners have been taken into custody not only on the basis of the information received but call details records are also available. Thus, after careful consideration and analysis of all the statements and evidence, this Court is not in favor of granting regular bail to the present petitioners.

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Thus, without commenting upon the merits/demerits of the case, the present bail applications filed under Section 439 Cr.P.C. are dismissed being devoid of merits.

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S.B. Criminal Miscellaneous Bail Application No. 8045/2023

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At the request of learned counsel for the petitioner, list the matter after one week.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /40-42

Mahesh Chand S/O Shri Ramesh Chand v. State of Rajasthan

Case brief

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Mahesh Chand S/O Shri Ramesh Chand v. State of Rajasthan

Case brief

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