Allowed

Dinesh v. State of Rajasthan

Rajasthan HC5 May 2023CRLMB/3565/2023

Case brief

AI extract

What is this about?

This court allowed the second bail application of Dinesh, accused of drug offences under NDPS and IPC. The bench observed that the recovered drug weighed below commercial quantity and noted the liberty granted pending charge-sheet. Bail was granted with a personal bond of Rs. 50,000 and two surety bonds.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Dinesh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023/RJJD/013746]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 3565/2023 Dinesh S/o Shri Ruparam Ji, Aged About 23 Years, R/o Singad, Police Station Sadar, Nagaur, Dist. Nagaur (Raj.) (Presently Lodged At Dist. Jail, Nagour)

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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. Mangilal Vishnoi For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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05/05/2023

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1 . Heard. Perused the material available on record.

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2 . The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Dinesh, who is in custody in relation to F.I.R. No.115/2022 dated 11.08.2022, registered at Police Station Panchori, District Nagaur, for the offences punishable under Sections 8/21 and 8/29 of NDPS Act and Sections 420, 467, 471 and 120-B of IPC.

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3 . Counsel for the petitioner submits that vide order dated 14.03.2023, first bail application of the petitioner was rejected. However, the petitioner was granted liberty to approach this Court after filing of the charge-sheet. He submits that on that date, the charge-sheet was not on record. He draws the attention of this

[2023/RJJD/013746]

[CRLMB-3565/2023]

(2 of 3)

Court to the charge-sheet, wherein it has been specifically mentioned that the contraband recovered from the petitioner is MDMA, weighing 21 gms. He further submits that in the FSL report dated 08.12.2022, it has been found that the contraband recovered from the petitioner is Mephedrone (4 methyl methcathinone). He places reliance upon the order dated 27.04.2023 passed in SB Criminal Misc. Bail Application No.2502/2023 in which, a Coordinate Bench has enlarged coaccused Opila Ram and Sohan Ram on bail.

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4. Learned Public Prosecutor opposes the bail application but is not in a position to dispute the fact that the contraband Mephedrone which is recovered from the petitioner as mentioned in the FSL report, weighs below the commercial quantity. He placed on record the antecedent report as per which, there is no criminal case pending against the petitioner under the NDPS Act. He also submits that when the first application for bail was rejected, he was not aware of the fact that the charge-sheet had been filed.

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5. In view of above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits and demerits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail. 6. Consequently, the instant second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accusedpetitioner namely Dinesh S/o Shri Ruparam Ji in relation to F.I.R. No.115/2022 dated 11.08.2022, registered at Police Station

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(3 of 3) [CRLMB-3565/2023]

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[2023/RJJD/013746]

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Panchori, District Nagaur, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation 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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2-/Devesh/-

Dinesh v. State of Rajasthan

Case brief

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Dinesh v. State of Rajasthan

Case brief

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