Allowed

Ram Kishore Khoja @ Kishore @ Kalu S/O Bhiyan Ram v. State of Rajasthan

Rajasthan HC16 Apr 2024CRLMB/1415/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC for a petitioner charge-sheeted under Sections 8/15 and 8/29 NDPS for transporting 515 kg poppy straw. The court noted that apart from the disclosure statement there was no other evidence on record and enlarged him on bail.

What did the court decide?

Accused-petitioner enlarged on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge.

Ram Kishore Khoja @ Kishore @ Kalu S/O Bhiyan Ram Vs… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:17808]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1415/2024

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Ram Kishore Khoja @ Kishore @ Kalu S/o Bhiyan Ram, Aged About 24 Years, R/o Khedi Charna Ps Dangiyawas, District Jodhpur, Rajasthan (Accused Presently Confined In Central Jail, Kota).

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----Petitioner

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	Versus
State Of Rajasthan, T	hrough PP ----Respondent
For Petitioner(s)	: Mr. Ashish Kaushik for Ms. Sonia Gill
For Respondent(s)	: Mr. C. G. Chopra-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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16/04/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.153/2023 registered at Police Station Mandana, District Kota Rural for the offence(s) under Sections 8/15 of the NDPS Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case solely on the disclosure statement of the other co-accused Mukesh from whom contraband article containing commercial quantity of poppy straw weighing 515 kg was recovered. He further submits that there is no criminal antecedent of the accused-petitioner and there is no substantive evidence against the accused-petitioner indicating his involvement in the alleged crime. The accused-petitioner is in

[2024:RJ-JP:17808]

[CRLMB-1415/2024]

(2 of 2)

custody since 21.10.2023 and the trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor vehemently opposes the bail application.

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Heard and perused the charge-sheet.

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Considering the arguments advanced by the counsel for the parties and looking to the fact that accused-petitioner has been charge-sheeted under Section 8/29 of the NDPS Act and it is alleged against the accused-petitioner that he in conspiracy with the other co-accused Mukesh transported the contraband article containing poppy straw weighing 515 kg. The charge-sheet reveals that apart from the disclosure statement of the accused-petitioner, there is no other evidence available on the record, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Ram Kishore Khoja @ Kishore @ Kalu S/o Bhiyan Ram in connection with FIR No.153/2023 registered at Police Station Mandana, District Kota Rural shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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70-Rahul Joshi

Ram Kishore Khoja @ Kishore @ Kalu S/O Bhiyan Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ram Kishore Khoja @ Kishore @ Kalu S/O Bhiyan Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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