Allowed

Shrikrishan Singh S/O Shri Shivcharan v. State of Rajasthan

Rajasthan HC8 Nov 2024CRLMB/12332/2024

Case brief

AI extract

What is this about?

This common order disposed of two bail applications filed by Shrikrishan Singh and Hakim Singh in connection with FIR No. 328/2024. The court allowed regular bail as the recovery of Ganja was under the commercial quantity, without commenting on the merits of the case.

What did the court decide?

Petitioners allowed bail on furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Shrikrishan Singh S/O Shri Shivcharan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:46299]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12332/2024

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Shrikrishan Singh S/o Shri Shivcharan, Aged About 46 Years, R/o Dhuaram Ka Pura, Piprai, Police Station Saraichhola, District Murina (M.p.) (At Present Confined In District Jail Dholpur).

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 12454/2024 Hakim Singh S/o Jandel Singh, Aged About 30 Years, R/o Rambhajan Ka Pura, Windva Qwari, Police Station Civil Lines, District Morena, M.p. (At Present Confined In District Jail, Dholpur).

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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.	Ankur Singh Tomar
	Mr.	Dushyant Jain
For Respondent(s)	: Mr.	Onkar Singh Rajpurohit,PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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08/11/2024

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Both above mentioned bail applications shall stand decided by this common order as they arise out of same incident and F.I.R. 2. These applications under Section 483 of B.N.S.S., 2023 (439 of Cr.P.C.) have been filed by the petitioners seeking regular bail in connection with F.I.R. No. 328/2024 dated 14.09.2024 registered

(2 of 3)

[2024:RJ-JP:46299]

[CRLMB-12332/2024]

at Police Station Sadar Dholpur, District Dholpur for the offence under Section 8/20 of the NDPS Act.

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Heard learned counsel for the petitioners as well as learned Public Prosecutor.

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Learned counsel for the petitioners have contended that the petitioners are innocent persons and have been falsely enroped in this case. They have also contended that recovery of 1.392 kgs of Ganja from petitioner – Shrikishan Singh and 1.564 kgs. of Ganja from petitioner – Hakim Singh, which includes weight of the bags also, has been effected, which is non-commercial quantity. No independent witness to the said recovery has been kept in the present cases. They have also contended that no similar case under the NDPS Act has been registered against the petitioners. So far as seven criminal cases against the petitioner – Shrikishan Singh and one case against the petitioner – Hakim Singh, are stated to be registered, they have already been enlarged on bail in those cases. The petitioners are languishing in jail since 14.09.2024. They have, thus, urge that further incarceration of the petitioners in this case would not serve any fruitful purpose. They have, therefore, prayed that instant bail applications may be allowed and petitioners may be enlarged on bail.

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Learned Public Prosecutor has vehemently and fervently opposed the bail applications.

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I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

[CRLMB-12332/2024]

[2024:RJ-JP:46299]

(3 of 3)

Having regard to the totality of facts and circumstances of the case; considering the submissions advanced by learned counsel for the petitioners and the fact that recovery of contraband from the petitioners is less than commercial quantity, but without commenting anything on the merits and demerits of the case, this Court deems it just and proper to allow instant bail applications.

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The present bail applications are accordingly allowed and it is directed that accused-petitioners - Shrikrishan Singh S/o Shivcharan and Hakim Singh S/o Jandel Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(BHUWAN GOYAL),J

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PAYAL DHAWAN /473-474

Shrikrishan Singh S/O Shri Shivcharan v. State of Rajasthan

Case brief

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Shrikrishan Singh S/O Shri Shivcharan v. State of Rajasthan

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