Allowed

Lokesh @ Yogesh Lohar v. State of Rajasthan

Rajasthan HC6 Apr 2023CRLMB/16273/2022

Case brief

AI extract

What is this about?

High Court of Judicature for Rajasthan at Jodhpur considered a bail application under Section 439 Cr.P.C. in a case involving NDPS Act offences. Observing lack of substantial evidence and implication based on co-accused statements, the Court granted bail with a personal bond and sureties.

What did the court decide?

Granted bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Lokesh @ Yogesh Lohar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/009079]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 16273/2022

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Lokesh @ Yogesh Lohar S/o Ladu Lal Lohar, aged about 23 Years, R/o Kadwasa, PS Singoli (M.p.). (Presently 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. Manish Kumar Pitaliya
	Mr. Kalpit Jain Mr. Apeksha Chelawat
For Respondent(s)	: Mr. S.S. Rajpurohit, PP
Present in person	: Mr. Bhagwan Lal, SHO- Begun

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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06/04/2023

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The instant bail application has been filed under Section 439 Cr.P.C. against the order impugned passed by learned Court below in connection with FIR No.138/2022 registered at Police Station Begun, District Chittorgarh for the offence(s) under Sections 8/15 & 8/29 of the NDPS Act.

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Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accusedpetitioner has nothing to do with the alleged offence and has been implicated in the case based upon the statements of the coaccused Somdev Lohar, and apart from that there is no other substantial or incriminating evidence connecting the accusedpetitioner in the alleged crime. Accused-petitioner is in custody since 06.11.2022. Trial is likely to take long time to conclude. No

[2023/RJJD/009079]

[CRLMB-16273/2022]

(2 of 2)

useful would be served by keeping the accused-petitioners behind the bars till disposal of the case.

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Per contra, learned Public Prosecutor & S.H.O.-Begun (present in person) has vehemently opposes the bail application.

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Heard. Considering the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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Having regard to the totality of the facts and circumstances of the case and also taking into consideration that accused petitioner has been involved in the case on account of the statements of the co-accused and apart from the statements rendered under Section 67 of the NDPS Act there is no other substantial or incriminating evidence available on record connecting the present petitioner in the alleged crime. Accusedpetitioner is in custody since 06.11.2022. I deem it just and proper to grant bail to the accused-petitioner.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Lokesh @ Yogesh Lohar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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 do so.

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(PRAVEER BHATNAGAR),J

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53-Dharmendra/-

Lokesh @ Yogesh Lohar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lokesh @ Yogesh Lohar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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