Allowed

Ashok v. State of Rajasthan

Rajasthan HC27 Mar 2023CRLMB/15809/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to two petitioners arrested under the NDPS Act. The court observed that their involvement was primarily based on statements of other accused without independent evidence connecting them to the crime, deeming it proper to release them on personal bond.

What did the court decide?

Bail granted to accused Ashok S/o Late Shri Premaram and Manohar Lal S/o Shri Hari Ram on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

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

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[2023/RJJD/007527]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 15809/2022

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Ashok S/o Late Shri Premaram, Aged About 23 Years, R/o Kud Ps Pipar City Dist. Jodhpur Raj. (At Present Incarcerated In Central Jail Jodhpur)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 15810/2022 Manohar Lal S/o Shri Hari Ram, Aged About 33 Years, R/o Vill. Kud Pipar City Ps Dist. Jodhpur (Lodged In Central Jail Jodhpur)

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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. Vinod Sharma
	Mr. Bhagirath RayBishnoi
For Respondent(s)	: Mr. S.K. Bhati,P.P.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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27/03/2023

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Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

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The petitioners have been arrested in FIR No.46/2021 of Police Station Dangiyawas, District Jodhpur for the offences punishable under Sections 8/15 & 8/29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

[2023/RJJD/007527]

[CRLMB-15809/2022]

(2 of 3)

Learned counsels for the petitioners have preferred these bail applications against the orders passed by the trial court, wherein, their bail applications were dismissed vide orders dated 16.11.2022 and 13.06.2022 respectively. Learned counsels for the petitioners submit that petitioners have falsely been implicated in this case based upon the statements of accused recorded during the course of investigation. It is also submitted that there is no other evidence connecting the accused petitioners in the crime. It is stated in the charge-sheet that accused- Ashok left his iPhone in the vehicle from which recovery was affected and there is no evidence regarding ownership of the iPhone connecting the accused-Ashok. It is also submitted that petitioners- Ashok and Manoharlal are in judicial custody since 17.04.2022 and 27.04.2022 respectively and trial of the case will take considerable long time to conclude, therefore, their bail applications may be allowed.

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Learned Public Prosecutor has vehemently opposed the bail applications.

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Having regard to the totality of the facts and circumstances of the case and considering the fact that accused petitioners have been indulged on the basis of the statements of the accused recorded by the Investigating Officer, there is no evidence connecting the accused petitioners with commission of crime, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

(3 of 3)

[2023/RJJD/007527]

[CRLMB-15809/2022]

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Ashok S/o Late Shri Premaram and Manohar Lal S/o Shri Hari Ram shall be released on bail in connection with FIR No.46/2021 of Police Station Dangiyawas, District Jodhpur provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their 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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(PRAVEER BHATNAGAR),J

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78-Taruna/-

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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