Bail application by Shrawan Kumar, accused in NDPS case, allowed. Court rejected reliance on Section 37 rider due to petitioner's peripheral role and lack of direct evidence against him.
Enlargement of accused Shrawan Kumar on bail with personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/008967]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 16452/2022
Shrawan Kumar S/o Kesaram, Aged About 30 Years, Anwana, P.s. Bawri, Dist. Jodhpur Raj. (Presently Lodged In Sub Jail, Suratgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Bhanwaru Ram |
|---|---|
| For Respondent(s) | : Mr. SK Bhati,PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/04/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Shrawan Kumar. The petitioner has been arrested in connection with FIR No. 123/2022 registered at Police Station Rajiyasar, District Sriganganagar for the offence(s) under Sections 8/15, 29 of NDPS Act.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case based upon the statements of the main accused namely Dinesh and Anil Kumar from whom commercial quantity of article was recovered and they disclosed that they were in contact with the accused-petitioner. No recovery was made from the petitioner and apart from disclosure statements, there is no other evidence indicating the involvement of the petitioner in the commission of the offence. Learned counsel for the petitioner further submits that there is no WhatsApp chat between the accused-petitioner and other co-accused Dinesh and
[2023/RJJD/008967]
[CRLMB-16452/2022]
(2 of 2)
Anil Kumar. The accused petitioner is in judicial custody from 23.11.2022 and the trial of the case will take sufficiently long time. Therefore, the benefit of grant of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the grant of bail application and submits that rider of Section 37 of the NDPS Act is applicable, therefore, the bail application of the accused petitioner may be rejected.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Shrawan Kumar S/o Kesaram in connection with FIR No. 123/2022 registered at Police Station Rajiyasar, District Sriganganagar 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.
(PRAVEER BHATNAGAR),J
56-mohit/-
3 issues framed by the court
Whether bail shall be granted to the accused charged under Sections 8/15, 29 of NDPS Act despite the applicability of Section 37 of the Act.
Whether the petitioner's role as an accessory and lack of recovery from him warrants grant of bail.
Whether the trial being long durational justifies the enlargement of the accused on bail.
3 provisions across 2 enactments
Shrawan Kumar
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
