Allowed

Radheshyam Paliwal Raju v. State of Rajasthan

Rajasthan HC14 Mar 2023CRLMB/2394/2023

Case brief

AI extract

What is this about?

The Rajasthan High Court granted bail to Radheshyam Paliwal under Section 439 Cr.P.C. for offences under the NDPS Act, ordering release against a personal bond and sureties without expressing an opinion on the merits of the charges.

What did the court decide?

Petitioner shall be released on bail in connection with the aforesaid FIR, provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the

Radheshyam Paliwal Raju Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/006610]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2394/2023

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Radheshyam Paliwal Raju S/o Shankar Lal Paliwal, Aged About 39 Years, Choudhrinyo Ka Bass, Baap, P.s. Baap, Dist. Jodhpur. (At Present Lodged In Sub Jail, Srikaranpur).

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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. Prem Shankar, petitioner’s
	brother, present inperson
For Respondent(s)	: Mr. Anil Joshi,AAG

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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14/03/2023

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The lawyers are abstaining from work on account of strike.

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This application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.04/2023, Police Station Kesrisinghpur, District Sriganganagar for the offences under Sections 8/15 and 29 of the NDPS Act.

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Mr. Prem Shankar petitioner’s brother appearing on behalf of the petitioner submits that the petitioner has been wrongly implicated in the case. He further submits that the quantity of contraband in question is below commercial quantity and there are no criminal antecedents of the petitioner under the NDPS Act except that there are two cases pending against him under Section 13 of the Rajasthan Public Gambling Ordinance Act. He

[2023/RJJD/006610]

[CRLMB-2394/2023]

(2 of 2)

further submits that the contraband in question has not recovered from the petitioner.

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Learned Public Prosecutor opposes this bail application but is unable to refute the aforesaid factual matrix. 5. Heard petitioner’s brother present in person and learned Public Prosecutor and also perused the material available on record.

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This Court having regard to the facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, 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 Radheshyam Paliwal Raju S/o Shankar Lal Paliwal, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum 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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(DR.NUPUR BHATI),J

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40-Hanuman/-

Radheshyam Paliwal Raju v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Radheshyam Paliwal Raju v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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