Allowed

Madan Lal v. State of Rajasthan

Rajasthan HC19 May 2023CRLMB/4905/2023

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed the bail application of a petitioner accused under NDPS and Arms Act provisions, deeming it just and proper to release him due to hostile witnesses and lack of substantive evidence against him.

What did the court decide?

Accused petitioner released on bail: one personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court.

Madan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4905/2023

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Madan Lal S/o Yashraj @jasraj Jat, Aged About 25 Years, Eklingpura @ Ghosikheda, P.s. Gangrar, Dist. Chittorgarh. (At Present Lodged In Dist. Jail, Chittorgarh).

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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. Rajeev	Bishnoi
For Respondent(s)	: Mr. Vikram	Sharma,P.P.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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19/05/2023

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.281/2021, Police Station Gangrar, District Chittorgarh for the offences under Sections 8/15 of the NDPS Act and 3/25 of the Arms Act and under Section 482 of IPC.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner submits that accused petitioner has falsely been implicated in this case and according to the charge-sheet, his name was disclosed by two witnesses namely Mithulal and Sunil Kumar. It is submitted that both the witnesses have been declared hostile and have not said any word against the petitioner. It is further submitted that the contraband articles were recovered from a Scorpio Car stationed at the filed of

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(2 of 3) [CRLMB-4905/2023]

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one Udiram Jat and police have exonerated him. It is also submitted that apart from the evidence of Mithulal and Sunil Kumar, there is no substantive evidence against the accused petitioner involving him in the alleged crime, therefore, it is prayed that the petitioner may be enlarged on bail.

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Learned Public Prosecutor opposes the grant of bail application.

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Having regard to the totality of the facts and circumstances of the case and particularly the fact that two witnesses namely Mithulal and Sunil Kumar have been declared hostile and in their statements they have totally denied that they saw the accused petitioner-Madan Lal leaving the Scorpio vehicle in the filed of Udairam Jat and apart from that there is no substantive evidence against the accused petitioner in the alleged crime, the alleged quantity of contraband articles were recovered from the abandoned vehicle and accused petitioner was arrested in the case after approximately one and half years form the date of recovery, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Madan Lal S/o Yashraj @ jasraj Jat arrested in connection with F.I.R. No.281/2021, Police Station Gangrar, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial

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[CRLMB-4905/2023]

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(3 of 3)

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court with the stipulation to appear before that Court on all dates

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of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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164-Taruna/-

Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Madan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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