Allowed

Arvindra Singh v. State of Rajasthan

Rajasthan HC11 Sept 2023CRLMB/6825/2023

Case brief

AI extract

What is this about?

In S.B. Criminal Miscellaneous Bail Application No. 6825/2023, Justice Madan Gopal Vyas allowed a second bail application filed by Arvindra Singh. The petitioner was charged with offences under the NDPS Act for possession of 60 kgs of poppy husk. Despite the quantity falling under Section 37, the Court granted bail as a co-accused had already been released.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. upon executing a bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/each.

Arvindra Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:28901]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6825/2023

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(Second Bail)

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Arvindra Singh S/o Gurmohinder Singh, Aged About 36 Years, R/ o Basoli, Police Station Sadar, Una Sadar, District Una Himachal Pradesh. (At Present Lodged In District Jail Churu)

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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.	Vikas Bijarnia
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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11/09/2023

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The petitioner has been arrested in connection with FIR No.12/2022 of Police Station – Dudhwakhara, District Churu for the offences punishable under Sections 8/15, 25 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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The first bail application was dismissed on 17.02.2023 as not pressed with liberty to file fresh bail application before learned trial Court.

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Arguing on this second bail application, learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this present case. It is further submitted that in the present case, contraband article i.e. poppy husk weighing about

[2023:RJ-JD:28901]

[CRLMB-6825/2023]

(2 of 3)

60 kgs was recovered from Innova Car wherein co-accused Sanjeev Kumar was a driver and the present petitioner was sitting in the vehicle. It is submitted that co-accused Sanjeev Kumar has already been granted bail by coordinate bench of this vide Court order dated 23.06.2023. The accused-petitioner is behind the bars since more than one year and seven months and the trial of the case will take long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted that in the present matter, the recovered contraband article is 60 kgs poppy husk which is in commercial quantity and therefore, grant of bail is hit by provision of Section 37 of the NDPS Act. Therefore, the petitioner may not be enlarged on bail. 5) Having regard to the totality of the facts and circumstances of the case and in view of the fact that in the present case coaccused Sanjeev Kumar has already been granted bail by coordinate Bench of this Court, 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, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Arvindra Singh S/o Gurmohinder Singh shall be released on bail in connection with FIR No.12/2022 of Police Station – Dudhwakhara, District Churu, 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, including one local surety to the satisfaction of learned trial Court for his appearance before that Court on each and every date

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(3 of 3) [CRLMB-6825/2023]

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[2023:RJ-JD:28901]

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of hearing and whenever called upon to do so till the completion of the trial. The petitioner is further directed not to take undue advantage of liberty or misuse liberty.

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(MADAN GOPAL VYAS),J

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873-neha/-

Arvindra Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Arvindra Singh v. State of Rajasthan

Case brief

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