Allowed

Ashok Kumar v. State of Rajasthan

Rajasthan HC29 Aug 2024CRLMB/10817/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the bail application of an accused charged under the NDPS Act, holding that the statutory bar under Section 37 was not attracted as prima facie there were reasonable grounds to believe he was not guilty and would not commit offences on bail.

What did the court decide?

Accused-applicant enlarged on bail on furnishing personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Ashok Kumar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:35657]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 10817/2024

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Ashok Kumar S/o Sh. Sadram, Aged About 28 Years, R/o Ranasar Kallan, PS Dhorimana, Dist. Barmer. (Lodged In Jail Barmer)

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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.	K.L.Vishnoi
For Respondent(s)	: Mr.	Hanuman Prajapati,P.P.

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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29/08/2024

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The instant bail application has been filed on behalf of the accused-applicant under Section 439 Cr.P.C. The applicant has been arrested in connection with FIR No. 357/2022 registered at Police Station Dhorimana, District Barmer for the offence(s) under Sections 8/15, 29 of the NDPS Act.

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Learned counsel for the applicant submits that the chargesheet has already been filed before the lower court. He argued that the applicant has been falsely implicated in this case and nothing has been recovered from him. The allegation against the accused-applicant is that he supplied the contraband to the coaccused Sukhram from whom contraband has been recovered, however, there is no call details of the present applicant with the said co-accused Sukhram. He further submitted that prima-facie there is no evidence against the applicant attracting the bar contained under the provisions of Section 37 of the NDPS Act. The

[2024:RJ-JD:35657]

[CRLMB-10817/2024]

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applicant is in judicial custody since 16.07.2024 and trial of the case is likely to take long time to conclude. Therefore, on the above submissions, learned counsel submits that the accusedapplicant may be released on bail.

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Per contra, learned Public Prosecutor opposed the bail application, however, admits that there is no call details of the applicant with the co-accused Sukhram. 4. Considering the arguments advanced by the counsel for the parties and the overall facts and circumstances of the case as also the fact that prima-facie the bar contained under Section 37 of the NDPS is not attracted in the matter because this Court is satisfied that there are reasonable grounds for believing that the accusedapplicant is not guilty of such offence and he is not likely to commit any offence while on bail, the accused is in jail since 16.07.2024 and trial of the case may take long time to conclude, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the applicant on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-applicant Ashok Kumar S/o Sadram, arrested in connection with aforesaid FIR, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned lower court for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(YOGENDRA KUMAR PUROHIT),J

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33-RP/-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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