Allowed

Bharat Bhushan @ Vicky v. State of Rajasthan

Rajasthan HC27 May 2024CRLMB/1327/2024

Case brief

AI extract

What is this about?

The High Court allowed a second bail application under Section 439 Cr.P.C. for an accused charged under the NDPS Act, noting the recovered quantity (13 kg Poppy Straw) was below commercial limits and the applicant had been in custody for more than six months.

What did the court decide?

Bail granted; applicant to execute personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the Trial Court.

Bharat Bhushan @ Vicky Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:24142]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous 2^nd Bail Application No. 1327/2024 Bharat Bhushan @ Vicky S/o Ramesh Kumar, Aged About 35 Years, R/o Ward No. 14 Raisinghnagar, P.s. Raisinghnagar, Dist. Anupgarh. (Lodged In Sub Jail Raisinghangar, Dist. Anupgarh)

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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) For Respondent(s)	: Mr. Awardan Ujjwal : Mr. SK Bhati,PP

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JUSTICE DINESH MEHTA Order

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27/05/2024

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The present second application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.342/2023, registered at Police Station Raisinghnagar, District Anupgarh for the offences under Sections 8/15 and 25 of the NDPS Act.

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The first bail application being S.B. Criminal Misc. Bail Application No.15995/2023 was dismissed by this Court vide order dated 03.01.2024, as withdrawn with liberty to file a fresh once the charge-sheet is filed.

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Mr. Ujjwal, learned counsel for the applicant submitted that the contraband substance recovered from the applicant is below commercial quantity (13 kg Poppy Straw) and prayed that the applicant be enlarged on bail.

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Mr. Bhati, learned Public Prosecutor vehemently opposed the bail application by contending that two cases of like nature are pending against the applicant.

[2024:RJ-JD:24142]

[CRLMB-1327/2024]

(2 of 2)

Having regard to the facts and circumstances of the case and considering that quantity of contraband recovered from the applicant is below commercial and the applicant is behind bars for more than six months (19.11.2023), though two cases of like nature are pending against the applicant, this Court feels that the bail application filed by the applicant deserves to be accepted.

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Consequently, the present second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that applicant – Bharat Bhushan @ Vicky S/o Ramesh Kumar arrested in connection with FIR No. 342/2023, registered at Police Station Raisinghnagar, District Anupgarh shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

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Applicant shall be required to appear before the Trial Court on all dates of hearing as and when called upon to do so.

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Needless to observe that the above observations made by this Court are on the basis of material so far produced before the Court. They are only prima-facie observation and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

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(DINESH MEHTA),J

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36-raksha/-

Bharat Bhushan @ Vicky v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bharat Bhushan @ Vicky v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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