Allowed

Mukesh Kumar S/O Mohan Lal v. State of Rajasthan

Rajasthan HC12 Nov 2024CRLMB/13927/2024

Case brief

AI extract

What is this about?

Common order on two bail applications involving four accused persons charged under NDPS Act. Court granted bail ordering personal bond and sureties despite lack of contraband recovery from some petitioners, considering total circumstances innocent and case non-commercial quantity.

What did the court decide?

Petitioners released on bail furnishing personal bond Rs.50000 and two sureties Rs.25000 each with trial court.

Mukesh Kumar S/O Mohan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:46733]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13847/2024

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Ramgopal S/o Mangilal, Aged About 29 Years, R/o Sarkandikhurd Police Station Ghatoli District Jhalawar

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Motilal S/o Gopilal, Aged About 35 Years, R/o Durjanpura Police Station Ghatoli District Jhalawar ( At Present Confined In Central Jail, Jaipur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 13927/2024

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1. Mukesh Kumar S/o Mohan Lal, Aged About 21 Years, R/o Kanwarpura Police Station Ghatoli, District Jhalawar (At Present Confined In Central Jail, Jaipur (Raj.)

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Suresh Kumar S/o Shivlal, Aged About 27 Years, R/o Sarkadi Kala Police Station Ghatoli, District Jhalawar (At Present Confined In Central Jail, Jaipur (Raj.).

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----Petitioners

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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. Rohit Khandelwal
For Respondent(s)	: Ms. Arti Sharma,PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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12/11/2024

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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.

[2024:RJ-JP:46733]

[CRLMB-13847/2024]

(2 of 3)

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. 544/2024 dated 20.10.2024 registered at Police Station Ramnagariya, District Jaipur City (East) for the offences under Sections 8/21, 8/25 & 8/29 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 has contended that the petitioners are innocent persons and have been falsely enroped in this case. He has also contended that no recovery of contraband has been made from the petitioners-Mukesh and Suresh Kumar whereas 50 grams of smack is stated to be recovered from petitioners – Ramgopal and Motilal each, which is non-commercial quantity. He has also contended that there is no criminal antecedents against the petitioners-Motilal and Suresh Kumar, whereas one case under the NDPS Act against petitionerRamgopal and one case against petitioner-Mukesh is registered in which, they have been released on bail. The petitioners are languishing in jail since 21.10.2024. 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.

[2024:RJ-JP:46733]

[CRLMB-13847/2024]

(3 of 3)

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 no recovery of contraband has been effected from the petitioners-Mukesh Kumar and Suresh Kumar and recovery of contraband effected from the petitioners-Ramgopal and Motilal 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 - Ramgopal S/o Mangilal, Motilal S/o Gopilal, Mukesh Kumar S/o Mohan Lal and Suresh Kumar S/o Shivlal 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 /53-54

Mukesh Kumar S/O Mohan Lal v. State of Rajasthan

Case brief

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Mukesh Kumar S/O Mohan Lal v. State of Rajasthan

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