Allowed

Babulal Dhaka S/O Surjaram Dhaka v. State of Rajasthan

Rajasthan HC6 Jun 2023CRLMB/326/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan granted bail to Babulal Dhaka, accused in an NDPS case, reasoning that the contraband was recovered from accused on conscious possession who were already on bail and the petitioner was merely the vehicle owner.

What did the court decide?

Accused-petitioner released on bail upon furnishing personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each; accused required to appear on all dates of hearing.

Babulal Dhaka S/O Surjaram Dhaka Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 326/2023

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Babulal Dhaka S/o Surjaram Dhaka, Aged About 35 Years, R/o Jato Ka Vas Jaleli Champavat, Police Station Dangiyavas, District Jodhpur (Raj.) ( Petitioner Is In Sub Jail Chhabara)

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----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. Ali Mohd. Khan Advocate. For Respondent(s) : Mr. Mangal Singh Saini, P.P.

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

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Order

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06/06/2023

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This bail application has been filed by the accused-petitioner under Section 439 of the Cr.P.C. in connection with FIR No.85/2019 registered at Police Station Mothpur, District Baran for the offences under Sections 8/15 of NDPS Act.

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

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Learned counsel for the petitioner submits that the accused in this case has been falsely implicated. As per the FIR of this case, the contraband was recovered from the conscious possession of Banshi Lal and Mangi Lal. Learned counsel further submits that the present accused petitioner has been involved in this case only on the ground that he is the owner of the vehicle from which the contraband was recovered. Learned counsel also

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[CRLMB-326/2023]

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(2 of 3)

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submits that recovery in this case has been made on 19.05.2019 whereas the present petitioner has entered into an agreement to sale the vehicle in question with Banshi Lal from whose conscious possession contraband was recovered. He further submits that coaccused Banshi Lal and Mangi Lal were the main accused who have been enlarged on bail by the Co-ordinate Bench of this Court on 21.4.2023 & 26.5.2023 respectively in S.B. Criminal Miscellaneous 4^th Bail Application No. 3729/2023 and in S.B. Criminal Miscellaneous 4^th Bail Application No.4055/2023. Learned counsel further argued that the petitioner is behind the bars since long and conclusion of the trial will take long time, therefore, petitioner should be granted bail.

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On the other hand, learned Public Prosecutor has opposed this bail application.

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Having regard to the facts and circumstances of the case and considering the fact that as per the FIR on 19.05.2019, 63 kg and 480 Grams 'poppy husk' has been recovered from the conscious possession of the co-accused Banshi Lal and Mangi Lal and the present petitioner involved in this case as the owner of the vehicle and looking to the fact that co-accused Banshi Lal and Mangi Lal have already been enlarged on bail by Co-ordinate Bench of this Court, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the petitioner under Section 439 Cr.P.C.

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Consequently, this bail application filed under Section 439 Cr.P.C. are allowed. It is ordered that accused-petitioner Babulal Dhaka S/o Surjaram Dhaka arrested in FIR No.85/2019 registered at Police Station Mothpur, District Baran shall be

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[CRLMB-326/2023]

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(3 of 3)

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released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the 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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Brijesh Kr. Sharma-18

Babulal Dhaka S/O Surjaram Dhaka v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babulal Dhaka S/O Surjaram Dhaka v. State of Rajasthan

Case brief

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