Allowed

Vikki @ Vikramjeet Singh v. State of Rajasthan

Rajasthan HC12 May 2023CRLMB/3849/2023

Case brief

AI extract

What is this about?

The court granted bail to the petitioner, Vikki @ Vikramjeet Singh, involved in an NDPS offense. The order relied on a Supreme Court judgment allowing bail due to trial delay notwithstanding Section 37 restrictions of the NDPS Act. The petitioner was directed to execute a bond to ensure court attendance.

What did the court decide?

Petitioner released on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Vikki @ Vikramjeet Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/014960]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 3849/2023

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Vikki @ Vikramjeet Singh S/o Shri Hajur Singh Ramgadiya, Aged About 30 Years, R/o Ward No. 4, Baba Ramdeve Temple, Village Kaliyan, Tehsil And District Sriganganagar. (Presently Lodged At Central Jail, Sriganganagar)

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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. R. R. Bhati Mr. S. D. Chavariya For Respondent(s) : Mr. S. S. Rajpurohit, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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12/05/2023

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.307/2018 of Police Station Sadar, District Sriganganagar for the offences punishable under Sections 8/22 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that as per the prosecution story, 597 gms of narcotic contraband tramadol was recovered from the possession of the petitioner and he is in custody since 03.08.2018. It is also submitted that the prosecution is required to examine ten witnesses, out of which,

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statements of only four prosecution witnesses have been recorded till date and trial of the case is likely to take time.

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Learned counsel has placed reliance on the decision dated 28.03.2023 rendered by Hon’ble the Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act. Learned counsel for the petitioner has submitted that in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail.

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Learned Public Prosecutor has opposed the bail application. Having heard the learned counsel for the parties, after going through the material available on record and in view of the judgment passed by Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), 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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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vikki @ Vikramjeet Singh S/o Shri Hajur Singh Ramgadiya shall be released on bail in connection with FIR No.307/2018 of Police Station Sadar, District Sriganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every

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date of hearing and whenever called upon to do so till the

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completion of the trial.

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(VIJAY BISHNOI),J

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34-AjaySingh/-

Vikki @ Vikramjeet Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikki @ Vikramjeet Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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