Allowed

Harish Kumar Manwani v. State of Rajasthan

Rajasthan HC2 Jan 2023CRLMB/12063/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan considered two connected second bail applications under Section 439 Cr.P.C. filed by Ram Das Singh and Harish Kumar Manwani in connection with an FIR under the NDPS Act. The Court allowed the affidavit filed for Harish Kumar Manwani, granting bail subject to a personal bond and two sureties.

What did the court decide?

Petitioner Harish Kumar Manwani granted bail on executing a personal bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/each.

Harish Kumar Manwani Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 13995/2022

Ram Das Singh

----Petitioner

Versus

State Of Rajasthan

----Respondent

Connected With

S.B. Criminal Misc. 2^nd Bail Application No. 12063/2022 Harish Kumar Manwani S/o Shri Mohanlal Manwani, Aged About 37 Years, R/o 363 Shankar Nagar Madar Teresa Nagar Wali Gali Ps Brahmpuri Dist. Jaipur Raj. (At Present Lodged In J.c. In Sub Jail Raisinghnagar Dist. Sriganganagar)

¶10

----Petitioner

¶11

Versus

¶12

State Of Rajasthan, Through Pp

¶13

----Respondent

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For Petitioner(s)	: Ms. Geeta Panpaliya
	Mr. M.L. Bishnoi
For Respondent(s)	: Mr. Vikram Sharma, PP
	Mr. Jai Singh, SI
	SP Office,Hanumangarh

¶15

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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02/01/2023

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Bail Application No. 13995/2022

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List this matter after four week, as prayed.

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Bail Application No. 12063/2022

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.65/2020, Aarakshi Kendra

¶22

(2 of 3)

¶23

[CRLMB-13995/2022]

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Sameja Kothi, District Sriganganagar registered for the offences punishable under Sections 8/21, 22, 25 and 29 of the NDPS Act.

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The first bail application was dismissed by this Court on 27.07.2021.

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Learned counsel for the petitioner submits that now Investigating Officer, Mr. Jai Singh has been examined as PW.3 before the Court. No recovery was made from the possession of the petitioner and no call detail report between the petitioner and main accused is available on record. Counsel further submits that the petitioner was implicated in this case under the aid of Section 8/29 of the NDPS Act and no other criminal case is registered against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

¶27

Learned Public Prosecutor has opposed the prayer of bail and submits that recovered contraband is commercial quantity, therefore, benefit of bail may not be granted to the accusedpetitioner.

¶28

Investigating Officer also submits that no call detail report is available on record as well as no criminal antecedents is registered against the accused-petitioner and he is implicated in this case under the aid of Section 8/29 of the NDPS Act.

¶29

I have considered the arguments advanced before me and gone through the material available on record.

¶30

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the

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(3 of 3) [CRLMB-13995/2022]

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case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶33

Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Harish Kumar Manwani S/o Shri Mohanlal Manwani, shall be released on bail in connection with F.I.R. No.65/2020, Aarakshi Kendra Sameja Kothi, District Sriganganagar provided he executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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51-52-Rashi/-

Harish Kumar Manwani v. State of Rajasthan

Case brief

What is this about?

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Harish Kumar Manwani v. State of Rajasthan

Case brief

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What did the court decide?

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