In a bail application under Section 439 Cr.P.C. for an NDPS offence involving poppy straw, the court dismissed the plea, noting the petitioner absconded for 11 years, the contraband exceeded commercial quantities, and he had prior criminal antecedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 697/2023
Kuldeep Vishnoi S/o Vedh Prakash @ Vedhpal, Aged About 40 Years, R/o Shergarh, Police Station Dabwali, District Sirsa, Haryana. (At Present Lodged At District Jail, Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Moti Singh |
|---|---|---|
| For Respondent(s) | : Mr. |
Arun Kumar,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 08/08/2023 Pronounced on 11/08/2023
[CRLMB-697/2023]
(2 of 4)
registered the aforementioned FIR and one co-accused Vijaypal the truck driver was arrested, while the other person (the present petitioner) ran away.
5.2. Learned counsel further submitted that one of the coaccused i.e. Sahdev, who was arrested on the basis of information given by co-accused Vijaypal, was discharged vide order dated 22.11.2019 passed by this Hon’ble Court in S.B. Criminal Revision Petition No.1173/2019.
(3 of 4) [CRLMB-697/2023]
the present petitioner and that of co-accused i.e. Sahdev and coaccused Vijaypal, who have been granted the indulgence of suspension of sentence and discharge, respectively, vide the aforementioned orders. It was also submitted that the petitioner is having previous criminal antecedents, pertaining to the like offence, to his discredit. It was further submitted that previously, the anticipatory bail application of the present petitioner under Section 438 Cr.P.C. has already been rejected by this Hon’ble Court.
(4 of 4)
[CRLMB-697/2023]
there are previous criminal antecedents against the petitioner pertaining to the offence under the NDPS Act, this Court is not inclined to grant bail to the present applicant-accused, at this stage.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
2 issues framed by the court
Whether bail should be granted to the petitioner who was absconding for over 11 years in a NDPS case involving commercial quantities.
Whether the petitioner's previous criminal antecedents and the contraband quantity justify refusal of bail.
3 provisions across 2 enactments
Kuldeep Vishnoi
State Of Rajasthan
Dr. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
