Allowed

Vijay Kumar v. State of Rajasthan

Rajasthan HC4 Apr 2023CRLMB/3197/2023

Case brief

AI extract

What is this about?

Holding jurisdiction to grant bail under Section 439 Cr.P.C. in a prosecution for NDPS Act offences based on the totality of circumstances, the High Court allowed the bail application, releasing the petitioner pending trial upon execution of a bond with sureties, without expressing an opinion on the merits of the case.

What did the court decide?

Bail allowed; petitioner released on execution of personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each to the trial court.

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

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[2023/RJJD/008384]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3197/2023

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Vijay Kumar S/o Rajkumar, Aged About 37 Years, W.no. 3, Alenabad, Teh. Alenabad, Dist. Sirsa (Haryana). (At Present Lodged In 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.	KuldeepSharma
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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04/04/2023

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The petitioner has been arrested in connection with FIR No.27/2023 of Police Station Talwara, District Hanumangarh for the offence punishable under Sections 8/21 & 25 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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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. The accused-petitioner is behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the bail application.

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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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(2 of 2) [CRLMB-3197/2023]

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[2023/RJJD/008384]

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Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Vijay Kumar S/o Rajkumar shall be released on bail in connection with FIR No.27/2023 of Police Station Talwara, 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/- including one local surety 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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94-nidhi/-

Vijay Kumar v. State of Rajasthan

Case brief

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Vijay Kumar v. State of Rajasthan

Case brief

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