Allowed

Yogesh Kumar @ Rinku v. State of Rajasthan

Rajasthan HC29 Apr 2024CRLMB/1130/2024

Case brief

AI extract

What is this about?

Hon'ble High Court of Rajasthan at Jodhpur allowed the second bail application of Yogesh Kumar @ Rinku under Section 439 Cr.P.C. in an NDPS case. The Court granted bail without expressing an opinion on the merits due to the petitioner's custody duration and prior bail in a similar case.

What did the court decide?

Petitioner granted bail on personal bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each.

Yogesh Kumar @ Rinku Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:18504]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 1130/2024

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Yogesh Kumar @ Rinku S/o Gopal Parsad, Aged About 40 Years, R/o Lala Ram Marg, Ambedkar Park, Samnagar, Kosikala, Ps Koshikalla, Dist Mathura, Utarpradesh. (Lodged In Dist Jail Bikaner)

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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. Ratish Bhatnagar
For Respondent(s)	: Mr. Anil Joshi, GA cum AAG assisted
	byMr. Rajat Chhaparwal

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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29/04/2024

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No.113/2020 registered at Police Station Sadar, District Bikaner registered for the offence punishable under Section 8/21, 22 and 29 of NDPS Act.

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The first bail application was dismissed as not pressed by this Court vide order dated 29.11.2022 with liberty to file afresh after recording the statement of Investigating Officer.

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Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner and he has been implicated in this case under the aid of Section 8/29 of the NDPS Act. Counsel submits that the main accused Sharwan Singh has named co-accused Khim Singh & Jitendra, Khim Singh is still

[2024:RJ-JD:18504]

[CRLMB-1130/2024]

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absconding and Jitendra has been exonerated by the Police. The money transaction has been done in the account of co-accused Jitendra and the present petitioner has nothing to do with this crime. The petitioner is in judicial custody since 21.04.2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the prayer of bail and submits that one another case of similar nature is pending against the accused-petitioner, therefore, benefit of bail may not be granted to him.

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I have considered the arguments advanced before me and gone through the material available on record.

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Having regard to the totality of the facts and circumstances of the case, looking to the fact that in another case also the accused-petitioner has been implicated under the aid of Section 8/29 of the NDPS Act and in that case the accused-petitioner has already been enlarged on bail by a co-ordinate Bench of this Court and he is in custody since 21.04.2022, therefore, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Yogesh Kumar @ Rinku S/o Gopal Parsad shall be released on bail in connection with F.I.R. No.113/2020 registered at Police Station Sadar, District Bikaner provided he executes a personal bond in a

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(3 of 3) [CRLMB-1130/2024]

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[2024:RJ-JD:18504]

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sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(MANOJ KUMAR GARG),J

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166-Rashi/-

Yogesh Kumar @ Rinku v. State of Rajasthan

Case brief

What is this about?

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Yogesh Kumar @ Rinku v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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