This order grants bail to a petitioner arrested under Sections 8/18, 8/29 of the NDPS Act. The court allowed bail, directing the petitioner to furnish a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
Petitioner enlarged on bail conditional upon furnishing a personal bond of Rs.50,000 with 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/008061]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2599/2023
Jagdish @ J.D. S/o Ratanlal Patidar, Aged About 38 Years, R/o Hadmatiyakundal, Police Station Chhotisadari, District Pratapgarh. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kailash Chandra Bishnoi For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
29/03/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Jagdish @ J.D. S/o Ratanlal Patidar. The petitioner has been arrested in connection with FIR No.159/2021 registered at Police Station Police Station Sadar, District Chittorgarh for the offence(s) under Sections 8/18, 8/29 of the NDPS Act.
Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner and has been implicated in the case on the basis of the statements of coaccused Sunil Bhishnoi from whom the contraband article was recovered. The accused-petitioner has nothing to do with the alleged offences. Trial is likely to take long time to conclude. No useful would be served by keeping the accused-petitioner behind the bars till disposal of the case. Therefore, the benefit of grant of bail may be granted to the accused-petitioner.
[2023/RJJD/008061]
[CRLMB-2599/2023]
(2 of 2)
Per contra, learned Public Prosecutor has vehemently opposes the grant of bail application.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and also looking to the fact that accused-petitioner has been falsely implicated in the case based upon the statements of the co-accused, apart from that there is no other direct connecting evidence against the accused-petitioner. Therefore, 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 Jagdish @ J.D. S/o Ratanlal Patidar in connection with FIR No.159/2021 registered at Police Station Police Station Sadar, District Chittorgarh 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
114-Dharmendra/-
3 issues framed by the court
Whether bail is maintainable for an accused falsely implicated under the NDPS Act with no direct connecting evidence.
Whether a personal bond and sureties are sufficient conditions for enlargement on bail in an NDPS case.
Whether the arguments of false implication justify granting bail despite the severity of NDPS charges.
1 provisions across 1 enactments
Jagdish @ J.D. S/o Ratanlal Patidar
State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
