Allowed

Prakash Chandra v. State

Rajasthan HC28 Mar 2023CRLMB/841/2022

Case brief

AI extract

What is this about?

This High Court allowed a bail application under Section 439 Cr.P.C. filed by Prakash Chandra, accused in NDPS offences. The Court observed that there was no direct evidence linking the petitioner to the crime, relying merely on statements of main accused persons. Consequently, bail was granted subject to furnishing a personal bond and two surety bonds.

What did the court decide?

Petitioner released on bail upon furnishing one personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Prakash Chandra Vs State — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/007839]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 841/2022 Prakash Chandra S/o Devi Lal Gurjar, Aged About 22 Years, R/o Negadiya, Mangalwad Police Station, District Chittorgarh. (Lodged In District Jail, Chittorgarh)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)	: Mr. B. RayBishnoi
For Respondent(s)	: Mr. S.K. Bhati,PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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28/03/2023

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.157/2021, Police Station Chittorgarh Sadar, District Chittorgarh for the offences under Sections 8/15 and 8/29 of the NDPS Act .

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner submits that accusedpetitioner has been implicated based upon the statements of the main accused Hardeep Singh and Ajay Kumar from whom 860 kgs poppy straw were recovered. He further submits that call details furnished in the charge-sheet do not indicate anything about commission of crime by the accused-petitioner. The accusedpetitioner is in judicial custody since 11.11.2021, therefore, the bail application may be allowed.

[2023/RJJD/007839]

[CRLMB-905/2023]

(2 of 2)

Learned Public Prosecutor has vehemently oppose the bail application and concedes that apart from the statement of main accused-Hardeep Singh and Ajay Kumar, there is no other direct evidence indicating the commission of crime by the accusedpetitioner.

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Looking to the facts and circumstance of the case and considering the fact that there is no direct evidence regarding commission of offence by the accused-petitioner in the aforesaid matter therefore, the bail application of the accused-petitioner may kindly be allowed.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Prakash Chandra S/o Devi Lal Gurjar, arrested in connection with F.I.R. No.157/2021, Police Station Chittorgarh Sadar, District Chittorgarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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88-Hanuman/-

Prakash Chandra v. State

Case brief

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What did the court decide?

Prakash Chandra v. State

Case brief

What is this about?

What did the court decide?

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