The High Court at Jodhpur allowed bail applications filed under Section 439 Cr.P.C. for two accused persons charged under the NDPS Act, despite public prosecutor objection, finding it just to enlarge them on bond with sureties.
Bail granted; each petitioner to furnish personal bond of Rs. 50,000 with two sureties of Rs. 25,000/- each to trial Judge.
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.
[2023/RJJD/008334]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1661/2023
Tilla Ram @ Trikloka Ram S/o Mana Ram, Aged About 33 Years, R/o Lilala Baitu, Baitu Police Station, District Barmer. (Confined In District Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 79/2023
Gopal S/o Sh. Tulsiram, Aged About 22 Years, Dudhi Talai, P.s. Chotisadri, Dist. Pratapgarh, Raj. (Presently Lodged In Dist. Jail, Pratapgarh).
| Versus | ----Petitioner | ||
|---|---|---|---|
| State Of Rajasthan, | Thro | ugh Pp | ----Respondent |
| For Petitioner(s) | : | Mr. B. Ray Bishnoi Mr. SanjayRajPandit |
|
| For Respondent(s) | : | Mr. Mahipal Bishnoi, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
04/04/2023
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners Tilla Ram @ Trikloka
[2023/RJJD/008334]
[CRLMB-1661/2023]
(2 of 3)
Ram and Gopal. The petitioners have been arrested in connection with FIR No. 408/2021 registered at Police Station Chhoti Sadri, District Pratapgarh for the offence(s) under Sections 8/29 of NDPS Act.
Learned counsel for the petitioners submits that the accusedpetitioners have falsely been implicated in the case based upon the statements of the co-accused persons namely Dinesh and Ramesh from them 366 Kgs. 70 gms poppy husk/straw were recovered. No recovery was made from the petitioners and apart from disclosure statements, there is no other evidence indicating the involvement of the petitioners in the commission of the offence. The accused petitioners are 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 accusedpetitioners.
Per contra, learned Public Prosecutor opposes the grant of bail applications.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accusedpetitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Tilla Ram @ Trikloka Ram S/o Mana Ram and Gopal S/o Sh. Tulsiram in connection with FIR No. 408/2021 registered at Police Station Chhoti Sadri, District Pratapgarh shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the
(3 of 3) [CRLMB-1661/2023]
[2023/RJJD/008334]
learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when they are called upon to do so.
(PRAVEER BHATNAGAR),J
219-mohit/-
2 issues framed by the court
Whether the accused petitioners should be granted bail under Section 439 Cr.P.C. in connection with offence under NDPS Act.
Whether the lack of recovery from petitioners and long custody warrants release on bail.
1 provisions across 1 enactments
Tilla Ram @ Trikloka Ram S/o Mana Ram
Gopal S/o Sh. Tulsiram
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
