Allowed

Nathu Ram v. State of Rajasthan

Rajasthan HC2 Nov 2023CRLMB/9192/2023

Case brief

AI extract

What is this about?

Hearing a bail application under Section 439 Cr.P.C. for offences under the N.D.P.S. Act, the court noted a lack of corroboratory evidence beyond a co-accused's statement. Finding Section 37 of the N.D.P.S. Act did not operate prejudicially, the court granted bail.

What did the court decide?

Petitioner released on bail via personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Nathu Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:37428]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 9192/2023

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Nathu Ram S/o Lichman Ram, Aged About 40 Years, Utradi Dhani, Gonglaav, Dist. Nagaur. (Presently Lodged In Bikaner Jail).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr. S.K. Verma
For Respondent(s)	: Mr. M.S. Bhati, PP
	Mr. Kashyap Singh, S.I., P.S.,
	Deshnok,Bikaner(Present inperson)

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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02/11/2023

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.168/2023 registered at Police Station Nokha, District Bikaner, for offences under Sections 8/18, 21, 22 & 29 of N.D.P.S. 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 submitted that contraband greater than commercial quantity was recovered from the conscious possession of co-accused Hemaram.

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Learned counsel for the petitioner submitted that co-accused in his disclosure statement stated that he procured the contraband

[2023:RJ-JD:37428]

[CRLMB-9192/2023]

(2 of 3)

greater than commercial quantity from the present petitioner. Learned counsel for the petitioner submitted that apart from the disclosure statement of co-accused Hemaram there is no other direct/corroboratory evidence in the form of mobile texts, Whatsapp chats etc. is available on record indicating involvement of the petitioner in commission of alleged crime.

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Learned counsel for the petitioner submitted that challan against the petitioner has already been filed, the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of accusations, he does not deserve to be enlarged on bail.

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Having considered the rival submissions and facts and circumstances of the case, this Court prima-facie finds that in the present case, apart from the statements of co-accused, there is no other direct/corroboratory evidence available on record indicating involvement of the petitioner in the commission of alleged crime. This Court finds that the rigours contained in Section 37 of the N.D.P.S. Act do not operate to the prejudice of the petitioner and thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Nathu Ram S/o Lichman Ram arrested in connection with F.I.R. No.168/2023 registered at Police Station Nokha, District Bikaner, shall be released on bail, if not wanted in any other case, provided

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(3 of 3) [CRLMB-9192/2023]

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[2023:RJ-JD:37428]

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he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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62-Suraj/-

Nathu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nathu Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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