Allowed

Kanhaiya Lal @ Kani Ram v. State of Rajasthan

Rajasthan HC12 May 2023CRLMB/840/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused arrested for offences under the NDPS Act, granting bail due to the lack of substantive evidence beyond the disclosure statements of the main accused.

What did the court decide?

Released on bail subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge.

Kanhaiya Lal @ Kani Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

¶1

[2023/RJJD/014989]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 840/2023

¶4

Kanhaiya Lal @ Kani Ram S/o Sh. Amrit Ram @ Amit Ram, Aged About 71 Years, B/c Gurjar, R/o Barwada Gurjar, Chhoti Sadri P.s., Dist. Pratapgarh. (Confined In Dist. Jail, Pratapgarh).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

For Petitioner(s)	: Mr. Bhagirath RayBishnoi
For Respondent(s)	: Mr. Salim Khan Mehar,PP

¶10

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶11

Order

¶12

12/05/2023

¶13

The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.220/2022 registered at Police Station Sarupganj, District Sirohi for the offence(s) under Sections 8/18 & 8/29 of NDPS Act.

¶14

Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case on the disclosure statements rendered by the main accused Ramnaresh from whom contraband article containing 6 Kgs 360 Gms opium was recovered. The accused-petitioner is in custody since 08.09.2022. The trial of the case will take sufficiently long time. Therefore, the benefit of grant of bail may be granted to the accused-petitioner.

¶15

Per contra, learned Public Prosecutor opposes the grant of bail application.

[2023/RJJD/014989]

[CRLMB-840/2023]

(2 of 2)

Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and considering the fact that apart from the disclosure statements of the co-accused Ramnaresh, there is no other substantive evidence is available on record to connect the accused in the alleged offence, I deem it just and proper to enlarge the accused-petitioner on bail.

¶20

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kanhaiya Lal @ Kani Ram S/o Sh. Amrit Ram @ Amit Ram in connection with FIR No.220/2022 registered at Police Station Sarupganj, District Sirohi 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.

¶21

(PRAVEER BHATNAGAR),J

¶22

44-Suraj/-

Kanhaiya Lal @ Kani Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kanhaiya Lal @ Kani Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kamal Kant Vs State of Rajasthan

Bhopal Ram Vs State of Rajasthan

Suresh Yadav Vs State of Rajasthan

Mangilal Rao Vs State of Rajasthan

Anil Vs State of Rajasthan

Charandas @ Charna Vs State of Rajasthan