Dismissed

Rajaram S/O Shri Onkar v. State of Rajasthan

Rajasthan HC30 Aug 2024CRLMB/10628/2024

Case brief

AI extract

What is this about?

Court dismissed the second bail application by the accused in an NDPS case, reiterating that non-extraction of any incriminating circumstance and the prior dismissal of the first bail application negates justification for release, especially as recovery was solely from the petitioner.

What did the court decide?

Bail application dismissed; order of first bail dismissal stands accepted.

Rajaram S/O Shri Onkar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:36512]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 10628/2024

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Rajaram S/o Shri Onkar, R/o Village Bamangaon, Police Station Nainwa, Distt. Bundi, Raj. (At Present Confined In District Jail Bundi)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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	----Respondent
For Petitioner(s)	: Mr. S. Gaharana Mr. Ankur Nagar
For Respondent(s)	: Mr. VijaySingh Yadav,PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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30/08/2024

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Instant second bail application is preferred by petitioner accused Rajaram in a matter arising out of FIR No. 196/2024 dated 08.06.2024 registered at Police Station Nainwa, District Bundi for offence under Section 8/20 of NDPS Act. First bail application of present petitioner was dismissed on 25.06.2024 and afterwards another bail application was preferred by Jagdish (coaccused) which was allowed on 21.08.2024 as bail application no. 7612/2024.

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Learned counsel for appellant submits that petitioner is an innocent person and he was falsely implicated. He also submits that investigation is complete and charge-sheet has already been filed. He further submitted that the trial will take its own time and co-accused Jagdish has already been released on bail. At last, he

[2024:RJ-JP:36512]

[CRLMB-10628/2024]

(2 of 2)

submitted that recovered quantity is less than commercial quantity so petitioner is entitled to be released on bail.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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

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On 08.06.2024 M.K. Yadav Sub-Inspector P.S. Nainwa, District Bundi has recovered 4 kg and 300 grams “Ganja” from present petitioner and during investigation Rajaram was arreseted and since then he is in custody. During investigation police has filed charge-sheet under Section 8/20 of NDPS Act against Rajaram and 8/29 of NDPS Act against Jagdish.

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The entire recovery was effected from possession of present petitioner and there was no recovery from possession of Jagdish but Jagdish was involved on the basis of abatement and conspiracy. First bail application was dismissed on 25.06.2024 and there are no grounds to release the present petitioner on bail.

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Hence, the second bail application is hereby dismissed.

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(ASHOK KUMAR JAIN),J

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CHETNA BEHRANI /1

Rajaram S/O Shri Onkar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajaram S/O Shri Onkar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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