Allowed

Girdhari v. State of Rajasthan

Rajasthan HC16 Feb 2023CRLMB/1885/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in an NDPS case involving Sections 8, 21, and 29. The court held it just and proper to release him on a personal bond with two sureties, noting the charge sheet was filed and co-accused were on bail, without expressing an opinion on merits.

What did the court decide?

Bail granted. Petitioner released on execution of personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

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

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[2023/RJJD/005483]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 1885/2023

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Girdhari S/o Jugal Kishore, Aged About 34 Years, R/o Ward No. 17 Near B.l. School, Tehsil And District Hanumangarh (Raj.) (Presently Lodged At Dist. Jail, Hanumangarh)

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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. Nishant Motsara
For Respondent(s)	: Mr. Mukhtiyar Khan,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order

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16/02/2023

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The petitioner has been arrested in connection with FIR No.74/2022 of Police Station Hanumangarh Town, District Hanumangarh for the offence punishable under Sections 8/21 & 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and the recovered contraband is below commercial quantity. It is also submitted that the charge-sheet of the case has been filed and co-accused Ganniram @ Gagan, Pawan Bishnoi, Bittu @ Pintu & Gautam Mund have already been enlarged on bail by coordinate Bench of this Court vide orders dated 13.09.2022, 01.09.2022 & 23.08.2022 respectively. The accused-petitioner is behind bars and the trial of the case will take time. Therefore, it is prayed that the accusedpetitioner may be enlarged on bail.

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[2023/RJJD/005483]

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[CRLMB-1885/2023]

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender.

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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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Girdhari S/o Jugal Kishore shall be released on bail in connection with FIR No.74/2022 of Police Station Hanumangarh Town, District Hanumangarh provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/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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48-nidhi/-

Girdhari v. State of Rajasthan

Case brief

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Girdhari v. State of Rajasthan

Case brief

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