Allowed

Bhopal Ram v. State of Rajasthan

Rajasthan HC11 May 2023CRLMB/5550/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. for a petitioner charged under the NDPS Act, noting the co-accused was already released and finding implicating evidence insufficient. The petitioner was ordered to furnish a personal bond with sureties.

What did the court decide?

Enlarge the accused-petitioner on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Bhopal Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/014786]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5550/2023

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Bhopal Ram S/o Khammaram, Aged About 26 Years, B/c Bishnoi, R/o Bishnoiyo Ki Dhani, Panchala Sidha, Tehsil Khinvsar, Dist. Nagaur. (Presently Lodged At Central Jail, Jodhpur)

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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. Mahipal Bishnoi
For Respondent(s)	: Mr. Mool Singh Bhati,PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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11/05/2023

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Bhopal Ram. The petitioner has been arrested in connection with FIR No. 16/2018 registered at Police Station Asop, District Jodhpur Rural for the offence(s) under Section 8/15 of the NDPS Act.

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Learned counsel for the petitioner submits that the coaccused namely Dinesh @ Dinaram has already been enlarged on bail by this Court vide order dated 01.05.2023 and the case of the petitioner is not distinguishable from that of co-accused person. Learned counsel for the petitioner further submits that as per the prosecution story, the persons fled from the place of incident, on seeing the police, were arrested after almost one year from the date of incident. The recovery of the contraband poppy straw weighting 120.300 kgs was recovered from a Maruti Alto car bearing registration No.RJ-01-CA-4198. Learned counsel for the

[2023/RJJD/014786]

[CRLMB-5550/2023]

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petitioner also submits that the accused-petitioner has been involved in the case only on the basis of statement of PW-1 Kala and in his cross examination he has admitted that no identification parade was conducted during the course of investigation, thus, it is evident that the petitioner has falsely been implicated in the present case. The accused petitioner is in judicial custody since long and the trial of the case will 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.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, 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 Bhopal Ram S/o Khammaram in connection with FIR No. 16/2018 registered at Police Station Asop, District Jodhpur Rural 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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235-mohit/-

Bhopal Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhopal Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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