Allowed

Krishna Singh S/O Sh. Jaspal Singh v. State of Rajasthan

Rajasthan HC8 Nov 2024CRLMB/13469/2024

Case brief

AI extract

What is this about?

Regular bail sought in an FIR for possession of poppy straw under Sections 8/15 NDPS Act. Recovery from each petitioner was less than commercial quantity and both had no criminal antecedents. Court allowed bail on furnishing personal bond with two sureties.

What did the court decide?

Both petitioners released on bail: personal bond Rs.50,000 each with two sureties of Rs.25,000 each, subject to appearing before trial court.

Krishna Singh S/O Sh. Jaspal Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:46417]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13069/2024

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Arshdeep S/o Sh. Gurudita Singh, Aged About 19 Years, R/o Ablukotli, Ps-Kotpaai, Dist. -Bhatinda (Punjab) (Presently In Central Jail, Ajmer).

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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. 13469/2024 Krishna Singh S/o Sh. Jaspal Singh, Aged About 23 Years, R/o Gonyana Mandi, Ps Nyalawala, Dist. Bhatinda (Punjab) Presently In Central Jail, Ajmer

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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. Atul Sharma For Respondent(s) : Mr. Devi Singh, PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL 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. 182/2024 dated 01.10.2024 registered at Police Station GRP Ajmer, District Ajmer for the offence under Section 8/15 of the NDPS Act.

(2 of 3)

[2024:RJ-JP:46417]

[CRLMB-13069/2024]

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

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Learned counsel for the petitioners has contended that the petitioners are innocent persons and have been falsely enroped in this case. He has also contended that recovery of 14.290 kgs of poppy straw from petitioner – Arshdeep and 11.670 kgs. of poppy straw from petitioner – Krishna Singh, has been effected, which is non-commercial quantity. He has also contended that both the petitioners have no criminal antecedents. The petitioners are languishing in jail since 30.09.2024. He has, thus, urges that further incarceration of the petitioners in this case would not serve any fruitful purpose. He has, 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. 6. I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

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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.

(3 of 3)

[2024:RJ-JP:46417]

[CRLMB-13069/2024]

The present bail applications are accordingly allowed and it is directed that accused-petitioners - Arshdeep S/o Sh. Gurudita Singh and Krishna Singh S/o Sh. Jaspal 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 /518-519

Krishna Singh S/O Sh. Jaspal Singh v. State of Rajasthan

Case brief

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Krishna Singh S/O Sh. Jaspal Singh v. State of Rajasthan

Case brief

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