Allowed

Ragvendra @ Rameshwar S/O Shri Narpat Singh v. State of Rajasthan

Rajasthan HC4 Nov 2024CRLMB/11987/2024

Case brief

AI extract

What is this about?

Hon'ble High Court allowed bail to the accused-petitioner facing NDPS charges for possession of 51 kg poppy husk. Court noted the co-accused was earlier granted bail and deemed the petitioner's case indistinguishable, ordering release on personal and surety bonds without expressing opinion on merits.

What did the court decide?

Accused-petitioner released on bail on personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, with condition to appear on all dates.

Ragvendra @ Rameshwar S/O Shri Narpat Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:45377]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 11987/2024

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Ragvendra @ Rameshwar S/o Shri Narpat Singh, aged about 40 Years, R/o Deoli, Police Station Aklera, District Jhalawar (Rajasthan)

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(Presently Confined In District Jail At Jhalawar).

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----Petitioner

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Versus ----Respondent

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State of Rajasthan, through PP

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For Petitioner : Mr. Narsi Prasad Sharma, Adv. For Respondent : Mr. Vivek Choudhary, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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04/11/2024

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This bail application has been filed by the accused-petitioner under Section 483 of B.N.S.S., 2023 against the order dated 21.09.2024 passed by learned Additional District and Sessions Judge, Aklera, Jhalawar in connection with FIR No.656/2023, registered at Police Station Aklera, District Jhalawar for the offences under Sections 8/15 and 8/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and later on for the offence under Section 8/29 of the NDPS Act by which the bail application of the accused-petitioner under Section 483 of B.N.S.S., 2023 has been dismissed.

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Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case and no contraband has been recovered from the possession of the

[CRLMB-11987/2024]

[2024:RJ-JP:45377]

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accused-petitioner. Learned counsel further submitted that on 16.12.2023, 51 kg of ('Doda Chura') poppy husk has been recovered from the possession of Laxminarayan, against whom case under Section 8/15 and 8/25 of the NDPS Act has been registered. Learned counsel also submitted that during investigation, Laxminarayan has disclosed name of the present accused-petitioner and on his information, the present accusedpetitioner has been made accused in this matter.

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Learned counsel for the accused-petitioner argued that the accused-petitioner was arrested on 20.09.2024 and since then, he is behind the bars. Learned counsel further argued that the coaccused Laxminarayan, from whose possession the poppy husk has been recovered, has already been enlarged on bail by this Court vide order dated 05.06.2024, passed in S.B. Criminal Miscellaneous Bail Application No.2613/2024 and the case of the present accused-petitioner is not distinguishable from that of the co-accused person and therefore, the accused-petitioner be granted benefit of bail.

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Learned Public Prosecutor while vehemently opposing this bail application, submitted that 51 kg of ('Doda Chura') poppy husk has been recovered in this case, which is just above the commercial quantity, and therefore, the accused-petitioner not be enlarged on bail.

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Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record.

[2024:RJ-JP:45377]

[CRLMB-11987/2024]

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The report dated 28.10.2024 submitted by SHO, Police Station Bhalta, District Jhalawar is taken on record.

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Admittedly, 51 kg of ('Doda Chura') poppy husk has been recovered from the possession of the co-accused Laxminarayan, who has already been enlarged on bail by this Court vide order dated 05.06.2024 and the case of the present accused-petitioner is not distinguishable from the co-accused.

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Having regard to the facts and circumstances of the case and considering the fact that the similarly situated co-accused has already been enlarged on bail by this Court, but without expressing any opinion on the merits/demerits 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., 2023 is allowed. It is ordered that accused-petitioner Ragvendra @ Rameshwar S/o Shri Narpat Singh, arrested in FIR No.656/2023, registered at Police Station Aklera, District Jhalawar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the 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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AARZOO ARORA /05

Ragvendra @ Rameshwar S/O Shri Narpat Singh v. State of Rajasthan

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Ragvendra @ Rameshwar S/O Shri Narpat Singh v. State of Rajasthan

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