Allowed

Bablu @ Laxmichand S/O Sukalal v. State of Rajasthan

Rajasthan HC6 Sept 2024CRLMB/10323/2024

Case brief

AI extract

What is this about?

In a bail application under Section 483 of the BNS (substituting CrPC) regarding offences under the NDPS Act where the accused was falsely implicated and no contraband was recovered from him, the High Court of Rajasthan allowed bail while noting the co-accused has been released.

What did the court decide?

Respondent to release the petitioner on bail subject to a personal bond of Rs. 1,00,000 and two solvent sureties.

Bablu @ Laxmichand S/O Sukalal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:37933]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 10323/2024

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Bablu @ Laxmichand S/o Sukalal, Aged About 31 Years, R/o Inayati, Police Station Sapotara, District Karauli (Raj.) (At Present In Sub Jail Hindaun City, Karauli).

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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. Vikram Singh Chauhan For Respondent(s) : Ms. Manju Dave, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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06/09/2024

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This bail application has been filed by the accused-petitioner against the order dated 03.08.2024 passed by Special Judge, NDPS Act Cases (Additional Sessions Judge, No.1), Hindaun City, District Karauli (Raj.) under Section 483 of B.N.S.S., 2023 in connection with FIR No.0480/2023, registered at Police Station Hindaun City, District Karauli (Raj.) for the offences under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') by which the bail application of the accused-petitioner under Section 439 of Cr.P.C. has been dismissed.

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Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this matter. No recovery of any contraband has been made from the accusedpetitioner, and the accused-petitioner has been made accused

[2024:RJ-JP:37933]

[CRLMB-10323/2024]

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under Section 8/29 of the NDPS Act. He further submitted that the co-accused from whose possession the contraband i.e., 14 gram 'Smack' was recovered has been enlarged on bail in S.B. Criminal Miscellaneous Bail Application No. 14532/2023 vide order dated 09.11.2023. The accused-petitioner was arrested on 30.07.2024 and since then, he is behind the bars. Trial may take long time to conclude. He further submitted that the contraband recovered on the possession of the co-accused is 14 gram 'Smack', which is less than the commercial quantity. Therefore, the bail application for present accused-petitioner be allowed.

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On the other hand, learned Public Prosecutor has vehemently opposed this bail application and submitted that six other criminal cases are also pending against the present accused-petitioner. Therefore, his bail application be dismissed. 4. Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record. 5. Considering the facts and circumstances of the case and the facts that the accused-petitioner has been made accused under Section 8/29 of the NDPS Act, the main accused from whose possession 14 gram 'Smack' was recovered has been enlarged on bail by this Court, and that the investigation and trial will take time to conclude, but without expressing any opinion on the merits of the case, this Court deems it proper to allow the bail application filed by the accused-petitioner.

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Consequently, this bail application filed under Section 483 of B.N.S.S. is allowed. It is ordered that accused-petitioner Bablu @ Laxmichand S/o Sukalal, arrested in FIR No.0480/2023,

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registered at Police Station Hindaun City, District karauli (Raj.) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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Mohita/6

Bablu @ Laxmichand S/O Sukalal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bablu @ Laxmichand S/O Sukalal v. State of Rajasthan

Case brief

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What did the court decide?

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