Allowed

Narendra Kumar S/O Ramesh Chand v. State of Rajasthan

Rajasthan HC11 Nov 2024CRLMB/13269/2024

Case brief

AI extract

What is this about?

Regular bail applications in an FIR for ganja possession and supply under the NDPS Act. The court found the recovered quantity less than commercial quantity and granted bail to both applicants on furnishing personal bonds and sureties.

What did the court decide?

Both petitioners released on bail: personal bond Rs.50,000 plus two sureties of Rs.25,000 each, to satisfaction of trial court.

Narendra Kumar S/O Ramesh Chand Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

¶1

[2024:RJ-JP:46603]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 13054/2024

¶4

Ravi Sen S/o Late Ramesh Chand, Aged About 29 Years, R/o House No. 108 Near Bhola Resturant P.s. Jawahar Nagar Kota. (At Present Confined In Central Jail Kota).

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Miscellaneous Bail Application No. 13269/2024 Narendra Kumar S/o Ramesh Chand, Aged About 32 Years, R/o Nangla Bhooriya, Police Station Magora, District Mathura (U.p.) (Confined At Central Jail Kota).

¶11

----Petitioner

¶12

Versus

¶13

State Of Rajasthan, Through Pp

¶14

----Respondent

¶15

For Petitioner(s)	: Mr.	Ajay Singh Yaduvanshi
	Mr.	Gordhan Singh Fauzdar
For Respondent(s)	: Mr.	N.S. Dhakad,PP

¶16

HON'BLE MR. JUSTICE BHUWAN GOYAL

¶17

Order

¶18

11/11/2024

¶19

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. 418/2024 dated 30.09.2024 registered at Police Station Mahaveer Nagar, District Kota City for the offence under Section 8/20 of the NDPS Act.

(2 of 3)

[2024:RJ-JP:46603]

[CRLMB-13054/2024]

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

¶24

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 14.960 kgs of Ganja has been effected from petitioner – Ravi Sen which is non-commercial quantity. The allegation against petitionerNarendra Kumar is under Section 8/29 of NDPS Act as subject contraband was stated to be supplied by the petitioner-Narendra Kumar to Ravi Sen. They have also contended that the petitioners have no criminal antecedents. The petitioners- Ravi Sen and Narendra Kumar are languishing in jail since 30.09.2024 and 04.10.2024, respectively. 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.

¶25

Learned Public Prosecutor has vehemently and fervently opposed the bail applications. 6. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

¶26

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

[CRLMB-13054/2024]

[2024:RJ-JP:46603]

(3 of 3)

the case, this Court deems it just and proper to allow instant bail applications.

¶31

The present bail applications are accordingly allowed and it is directed that accused-petitioners - Ravi Sen S/o Late Ramesh

¶32

Chand and Narendra Kumar S/o Ramesh Chand 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.

¶33

(BHUWAN GOYAL),J

¶34

PAYAL DHAWAN /88-89

Narendra Kumar S/O Ramesh Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narendra Kumar S/O Ramesh Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Taslim S/O Juhru Vs State of Rajasthan

Shrikrishan Singh S/O Shri Shivcharan Vs State of Rajasthan

Ajay Singhav S/O Radhey Shyam Vs State of Rajasthan

Vinod Baswal S/O Radheshyam Baswal Vs State of Rajasthan

Sunil Jangid S/O Sh. Ashok Kumar Vs State of Rajasthan

Rohitkumar @ Chotu S/O Virendrasingh Vs State of Rajasthan