Allowed

Satyanarayan S/O Kanwarlal v. State of Rajasthan

Rajasthan HC24 Mar 2023CRLMB/11394/2022

Case brief

AI extract

What is this about?

This bail application concerns an accused in an NDPS case arrested in 2018. The court approved bail after five years of custody, citing precedents and without assessing the merits of the recovery of 64.8 kgs of smuggled drugs.

What did the court decide?

Petitioner shall be released on bail provided he executes a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Satyanarayan S/O Kanwarlal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJP/004755]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11394/2022

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Satyanarayan S/o Kanwarlal, Aged About 40 Years, Residence Of Salyakhedi, Police Station Soyatkala, District Aagar Malawa (M.p.) (At Present In Distt Jail Jhalawar)

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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) For Respondent(s)

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: Mr. Ali Mohammed Khan, Adv. : Mr. C.G. Chopra, P.P.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Judgment / Order

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24/03/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.70/2018, Police Station Raipur, District Jhalawar for the offences under Section(s) 8/15 of NDPS Act and later on for the offences under Section(s) 8/21, 25 & 29 of NDPS Act.

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Learned counsel for the petitioner submits that as per the prosecution story 65 kgs of 'doda chura' has been recovered from the possession of the present petitioner Satyanarayan and the coaccused Ramkailash. He submits that petitioner is behind bars since 16.04.2018 i.e. for about 5 years. He also submits that Coordinate Bench of this Court and Hon’ble Apex Court have also enlarged accused persons on bail, who have served the custody period of 2 or more than 2 years. Learned counsel for the petitioner has also drawn the attention of this Court towards the following judgments:

[2023/RJJP/004755]

[CRLMB-11394/2022]

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Pankaj Bairwa S/o Ramkaran Vs. The State of Rajasthan, in S.B. Criminal Misc. 3rd Bail Application No.13894/2022 decided on 17.03.2023 by a Coordinate Bench of this Court.

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Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh, in Special Leave to Appeal (Crl.) No(s).6690/2022 decided on 25.01.2023 by the Hon'ble Apex Court.

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Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, in Special Leave to Appeal (Crl.) No(s).5530/2022 decided on 22.08.2022 by the Hon'ble Apex Court.

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Gopal Krishna Patra @ Gopalrusma Vs. Union of India, in Criminal Appeal No.1169/2022 decided on 05.08.2022 by the Hon'ble Apex Court.

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Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir, in Petition for Special Leave to Appeal (Crl.) No.3961/2022 decided on 01.08.2022 by the Hon'ble Apex Court.

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Tapan Das Vs. Union of India, in Petition for Special Leave to Appeal (Crl.) No.5617/2021 decided on 07.10.2021 by the Hon'ble Apex Court.

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Amit Singh Moni Vs. State of Himachal Pradesh, in Cr.MP(M) No.2150 of 2019 decided on 20.12.2019 by the Himachal Pradesh High Court.

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Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh, in Petition for Special Leave to Appeal (Crl.) No(s).6690/2022 decided on 25.01.2023 by the Hon'ble Apex Court.

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Sitaram S/o Shri Gangajalram Vs. State of Rajasthan, in S.B. Criminal Misc. Second Bail Application No.6065/2022 decided on 29.09.2022 by a Co-ordinate Bench of this Court.

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Manoj Son of Shri Hardevram Vs. State of Rajasthan, in S.B. Criminal Misc. 2nd Bail Application

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[2023/RJJP/004755]

[CRLMB-11394/2022]

No.4538/2022 decided on 03.03.2023 by a Coordinate Bench of this Court.

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Kulwant Singh Vs. The State of Punjab, in Petition for Special Leave to Appeal (Crl.) No.5187/2021 decided on 10.11.2021 by the Hon'ble Apex Court.

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Therefore, learned counsel has prayed that the accusedpetitioner be enlarged on bail looking to the custody of the petitioner of about 5 years.

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Learned Public Prosecutor has opposed the bail application.

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

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As per the record, in the case registered on 16.04.2018, about 64 kgs and 800 gms of 'doda chura' has been recovered from the possession of the present petitioner and co-accused Ramkailash. Since then, the present petitioner is behind the bars. Total period of custody of the present petitioner comes to be about 5 years. So, looking to the facts and circumstances of the case and the judgments passed by Co-ordinate Bench of this Court as well as Hon'ble Apex Court mentioned hereinabove and 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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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Satyanarayan S/o Kanwarlal , arrested in connection with FIR No.70/2018, Police Station Raipur, District Jhalawar shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before

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[CRLMB-11394/2022]

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that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR), J

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DANISH USMANI /10

Satyanarayan S/O Kanwarlal v. State of Rajasthan

Case brief

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Satyanarayan S/O Kanwarlal v. State of Rajasthan

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