Allowed

Ramprasad Son of Shankar Lal v. State of Rajasthan

Rajasthan HC1 Sept 2023CRLMB/3934/2023

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner under Section 438 Cr.P.C. in an FIR regarding recovery of Bhang plants from jointly held land where the petitioner was implicated alongside others. The court considered the petitioner's cooperation in the investigation.

What did the court decide?

The anticipatory bail application is allowed; the petitioner shall be released on bail furnishing a personal bond of Rs.50,000/- with two sureties in Rs. 25,000/- each.

Ramprasad Son of Shankar Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JP:20377]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3934/2023

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Ramprasad Son Of Shankar Lal, Aged About 50 Years, Resident Of Sumanpura, Tehsil Khandar, District Sawai Madhopur (Raj.)

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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. Vishnu Bohra For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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01/09/2023

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Petitioner has filed this miscellaneous bail application under Section 438 Cr.P.C.

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F.I.R. No.80/2023 was registered at Police Station Khandar, District Sawai Madhopur for offence under Section 16/54 of Rajasthan Excise Act, 1950.

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It is contended by counsel for the petitioner that the petitioner has falsely been implicated in this case. He contends that as per prosecution case, 154 green plants of Bhang were recovered from the land which is in joint tenancy of the five persons, including petitioner. He further contends that petitioner has joined the investigation in terms of the order dated 14.08.2023 and no custodial interrogation of the petitioner is required in this matter.

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Learned Public Prosecutor has opposed the bail application

[2023:RJ-JP:20377]

[CRLMB-3934/2023]

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but fairly concedes that petitioner has joined the investigation.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances

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of the case; considering the arguments advanced by learned counsel for both the parties and the fact that petitioner has joined the investigation and land from which green plants of bhang have been recovered is in the joint tenancy of five persons, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the petitioner on bail.

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The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Khandar, District Sawai Madhopur in F.I.R. No.80/2023 is directed that in the event of arrest of the petitioner- Ramprasad Son Of Shankar Lal, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions:-

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(i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii). that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the petitioner shall not leave India without previous permission of the court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /206

Ramprasad Son of Shankar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramprasad Son of Shankar Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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