Allowed

Amit Kumar v. State of Rajasthan

Rajasthan HC5 Dec 2023CRLMB/3817/2023

Case brief

AI extract

What is this about?

In this bail application, the High Court of Rajasthan considered a plea by Amit Kumar for release on bail under Section 439 Cr.P.C. He was accused of escorting a vehicle from which commercial quantity of poppy straw was recovered from co-accused. The court noted lack of substantive evidence against him and, noting a co-accused had been granted bail, allowed the application.

What did the court decide?

Accused-petitioner enlarged on bail upon furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

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

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[2023:RJ-JD:42143]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3817/2023

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Amit Kumar S/o Sh. Ramkumar, Aged About 28 Years, R/o Kherpur, Police Station Bhavwala District Fazilka (Punjab) (Presently Lodged At District 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.	Devi Lal Rawal
	Mr.	Jagdish Kumar Vishnoi
For Respondent(s)	: Mr.	Sumer Singh Rajpurohit,PP

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HON’BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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05/12/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Amit Kumar. The petitioner has been arrested in connection with FIR No. 381/2022 registered at Police Station Goluwala, District Hanumangarh for the offence(s) under Sections 8/15, 25 & 19 of the NDPS Act. 2. Learned counsel for the petitioner submits that there is no nexus between the present petitioner and the main accused Sudhir Kumar and Pawan Kumar, from whom the commercial quantity of poppy straw containing 76 Kg. of weight, was recovered. He further states that the accused-petitioner was alleged to be escorting the vehicle in which the said quantity of contraband articles was recovered and from the car of Amit Kumar no recovery of any contraband article was effected. The accusedpetitioner has been indulged only on the basis of statement of

[2023:RJ-JD:42143]

[CRLMB-3817/2023]

(2 of 3)

main accused namely Pawan Kumar and Sudhir Kumar. Apart from the above evidence, there is no other substantive evidence against the present petitioner indicating his involvement in the crime. He further submits that other co-accused Rajveer @ Ramniwas who has also been involved under Section 8/29 of the NDPS Act has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.11.2023 passed in S.B. Criminal Miscellaneous Bail Application No.2770/2023 and the case of the present petitioner is not distinguishable from the case of co-accused Rajveer @ Ramniwas. The present petitioner is in judicial custody from 26.12.2022 and the trial of the case may take sufficiently long time, therefore, the benefit of grant of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposes the grant of bail application and submits that accused-petitioner was found to be escorting the vehicle, in which the main accused Pawan Kumar and Sudhir Kumar were present and from the said vehicle, 76 kg. of poppy straw was recovered. He was apprehended by the police at the seen of occurrence before the recovery of the contraband articles from the said vehicle and his presence is also substantiated from the call details collected by the police, therefore, looking to his active involvement in the crime under Sections 8/15 read with Section 8/29 of NDPS Act his bail application may be dismissed.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that the recovery of commercial quantity of poppy straw was effected from the possession of coaccused Sudhir Kumar and Pawan Kumar from the separate

[2023:RJ-JD:42143]

[CRLMB-3817/2023]

(3 of 3)

vehicle and co-accused Rajveer @ Ramniwas has already been enlarged on bail by a co-ordinate Bench of this Court and the trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Amit Kumar S/o Sh. Ramkumar in connection with FIR No. 381/2022 registered at Police Station Goluwala, District Hanumangarh 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.

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(PRAVEER BHATNAGAR),J

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5-mohit/-

Amit Kumar v. State of Rajasthan

Case brief

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Amit Kumar v. State of Rajasthan

Case brief

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