Allowed

Kamlesh Giri v. State of Rajasthan

Rajasthan HC24 May 2023CRLMB/1115/2023

Case brief

AI extract

What is this about?

Criminal bail application filed under Section 439 Cr.P.C. in a case involving offences under Section 8/15 of the NDPS Act where the accused was accused of carrying poppy husk. The court considered submissions regarding lack of incriminating material and the release of a co-accused on bail.

What did the court decide?

The accused-petitioner Kamlesh Giri shall be enlarged on bail subject to furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judg

Kamlesh Giri Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/017145]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1115/2023

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Kamlesh Giri S/o Madhu Giri, Aged About 30 Years, Mata Khera, P.s. Dungla, Dist. Chittorgarh. (At Present Lodged At Dist. Chittorgarh. (At Present Lodged At Dist. Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.R.K.Charan.
For Respondent(s)	: Mr.Shrawan Kumar, P.P. with
	Mr.Yashwant Solanki, SHO PS
	Nikumbh,Chittorgarh.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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ORDER

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24/05/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.108/2022 registered at Police Station Badi Sadri, District Chittorgarh, for offence under Section 8/15 of the NDPS Act.

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Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per prosecution, contraband (poppy husk/straw) weighing 83 kgs was recovered from co-accused Kishan Lal, who informed that he was carrying contraband alongwith present petitioner, who fled away from the place of incident. The investigating agency on the basis of the information provided by co-accused, has implicated the petitioner in the

[2023/RJJD/017145]

[CRLMB-1115/2023]

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present case but no incriminating material has been collected against him.

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This Court vide order dated 11.5.2023 directed learned Public Prosecutor to keep the Investigating Officer alongwith case diary present before the Court.

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In compliance of aforesaid order, Investigating Officer has appeared before the Court. On being enquired, he submitted that apart from the information supplied by co-accused, the mobile location of the petitioner was found in the area where the incident took place.

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In rebuttal to aforesaid submission, learned counsel for the petitioner submitted that merely on the basis of mobile location, the accused petitioner cannot be held guilty for committing the alleged offence and secondly; as per the analysis of mobile location pertaining to present petitioner and co-accused Kishan Lal done by the investigating agency, the mobile phone of co-accused Kishan Lal was switched off at the time of incident and thus, it cannot be said that the petitioner was in contact with co-accused Kishan Lal.

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Lastly, learned counsel submitted that co-accused Narendra has been enlarged on bail by a coordinate Bench of this Court vide order dated 20.12.2022 passed in S.B.Cr. Misc. Bail Application No.16206/2022. He thus, implored the Court to enlarge the petitioner on bail.

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Per contra, learned Public Prosecutor opposed the bail application.

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

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Having considered the rival submissions, facts and circumstances of the case and considering the fact that coaccused Narendra has been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Kamlesh Giri S/o Madhu Giri shall be enlarged on bail in connection with FIR No.108/2022 registered at Police Station Badi Sadri, District Chittorgarh, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

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It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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(KULDEEP MATHUR),J

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/tarun goyal/ Sr.No.36

Kamlesh Giri v. State of Rajasthan

Case brief

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Kamlesh Giri v. State of Rajasthan

Case brief

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