Allowed

Shyamlal Choudhary S/O Poonaram Choudhary v. State of Rajasthan

Rajasthan HC9 Jun 2023CRLMB/1773/2023

Case brief

AI extract

What is this about?

This Court allowed the bail application of the petitioner, Shyamlal Choudhary, an accused involved in an offence under Sections 8/15 and 8/25 of the NDPS Act. The Court ordered his release on personal bond and two sureties considering he had no criminal antecedents.

What did the court decide?

Petitioner released on bail subject to executing personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

Shyamlal Choudhary S/O Poonaram Choudhary Vs State of… — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1773/2023 Shyamlal Choudhary S/o Poonaram Choudhary, Aged About 38 Years, Resident Of Jaato Ka Baas Banad Jodhpur (Raj.) (At Present Confined In Central Jail Kota (Raj.)

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----Accused-Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Riyasat Ali, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.)

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Order

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09/06/2023

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This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.474/2021, Police Station Kaithun, District Kota Rural for the offences under Sections 8/15 of NDPS Act and later on for the offences under Sections 8/15 and 8/25 of NDPS Act.

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Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

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Learned counsel for the petitioner submitted that in this case no recovery of contraband has been made from the petitioner on the spot. Learned counsel submitted that the present petitioner has been involved in this case only on the basis that the petitioner

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[CRLMB-1773/2023]

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(2 of 3)

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is registered owner of the vehicle, in which contraband was recovered. Learned counsel further submitted that in this case total 52 kg. of 'poppy husk' has been recovered, which is marginally above the commercial quantity of poppy husk; chargesheet has been filed and there is no criminal antecedents against the petitioner. Learned counsel further submitted that the petitioner was arrested on 20.10.2022 and since then he is behind the bars and conclusion of the trial will take long time and, therefore, the petitioner be enlarged on bail.

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Learned Public Prosecutor vehemently opposed this bail application.

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Having regard to the facts and circumstances of the case and considering the fact that on the basis that poppy husk, which has been recovered, is marginally above the commercial quantity as well as the fact that the petitioner is behind the bars since 20.10.2022; charge-sheet has been filed, conclusion of the trial will take long time, there is no criminal antecedents against the petitioner, but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Shyamlal Choudhary S/o Poonaram Choudhary , arrested in FIR No.474/2021, Police Station Kaithun, District Kota Rural shall be released on bail; provided he executes personal bond in the sum

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[CRLMB-1773/2023]

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(3 of 3)

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of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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[ASHUTOSH KUMAR (V. J.)],J

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MADAN/36

Shyamlal Choudhary S/O Poonaram Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shyamlal Choudhary S/O Poonaram Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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