Application for bail under Section 439 Cr.P.C. in an NDPS case where no drugs were recovered from the accused. The High Court granted bail due to lack of recovery from the petitioner and long-term custody.
Bail granted on bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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[2023/RJJD/008179]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8243/2022
Kaluram S/o Jamna Lal Jat, Aged About 30 Years, Mulakdas Khedi, P.s. Dungala, Dist. Chittorgarh. (At Present Incarcerated In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. RS Choudhary |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
29/03/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Kaluram. The petitioner has been arrested in connection with FIR No. 22/2021 registered at Police Station Mandafiya, District Chittorgarh for the offence(s) under Sections 8/15, 29 of NDPS Act.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case based upon the statements of the co-accused namely Kailash, whereas the recovery was effected from co-accused Suresh. No recovery was made from the petitioner and apart from disclosure statements, there is no other evidence indicating the involvement of the petitioner in the commission of the offence. 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.
[2023/RJJD/008179]
[CRLMB-8243/2022]
(2 of 2)
Per contra, learned Public Prosecutor opposes the grant of bail application.
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.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kaluram S/o Jamna Lal Jat in connection with FIR No. 22/2021 registered at Police Station Mandafiya, District Chittorgarh 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.
(PRAVEER BHATNAGAR),J
176-mohit/-
2 issues framed by the court
Whether the accused-petitioner is eligible for bail in an NDPS Act case where no recovery was made from him.
Whether the petitioner's prolonged incarceration warrants bail despite the prosecution's opposition.
2 provisions across 2 enactments
Kaluram S/o Jamna Lal Jat
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
