Allowed

Jagdish Nath v. State of Rajasthan

Rajasthan HC24 Apr 2023CRLMB/1263/2023

Case brief

AI extract

What is this about?

In a third bail application under Section 439 Cr.P.C. involving 21.8 kg Ganja recovery, the High Court of Rajasthan at Jodhpur granted bail despite February 2021 and July 2022 rejections, citing hostile prosecution witnesses and co-accused acquittal without deciding on merits.

What did the court decide?

Petitioner to be released on bail by executing a personal bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each.

Jagdish Nath Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/011634]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1263/2023

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Jagdish Nath S/o Narayannath, Aged About 53 Years, Ward No. 1, Ramnagar Bas, Sardarshar Police Station Sardarshar, District Churu (Raj.). (At Present In District Jail Churu).

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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
For Petitioner(s)	: Mr. Rishabh Yadav Mr. Arzoo Khan
For Respondent(s)	: Mohd. Anees Bhurat,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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24/04/2023

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The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.515/2020, Police Station Sardarshahar, District Churu for the offences under Sections 8/15, 20 & 29 of NDPS Act.

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The first bail application was rejected by co-ordinate bench of this Court vide order dated 05.05.2021 in SB Criminal Misc. Bail Application No.3808/2021.

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The second bail application was dismissed on 12.07.2022 as not pressed with liberty to file afresh after recording the statement of Investigating Officer.

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Learned counsel for the petitioner submitted that in the present case, 21 kg 800 gram Ganja without having valid licence/permit has been recovered from a plastic polythene bag and with sand. It is submitted that even PW 3-Parvej and PW 4-

[2023/RJJD/011634]

[CRLMB-1263/2023]

(2 of 2)

Abrar has been declared hostile and the co-accused Pawan Nath and Ramadat have been acquitted by the learned Trial Court. It is further submitted that if the weight of the plastic polythene bag is excluded from the total weight, there is all possibility that the total weight of the contraband is marginally excessive to the commercial quantity. It is further submitted that the petitioner is behind bars since 8.12.2020 and charge-sheet has already been filed in the matter. In identical matters, the coordinate Bench of this Court has granted benefit of bail.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Jagdish Nath S/o Narayannath shall be released on bail in connection with FIR No.515/2020, Police Station Sardarshahar, District Churu provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent 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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(MADAN GOPAL VYAS),J

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3-neha/-

Jagdish Nath v. State of Rajasthan

Case brief

What is this about?

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Jagdish Nath v. State of Rajasthan

Case brief

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