Rent-free bail granted under Section 439 Cr.P.C. to two accused persons in an NDPS case involving 14.7 kg poppy straw. Court held that due to lack of direct evidence and lengthy custody, bail is just and proper despite Section 37 rigidity.
Petitioners enlarged on bail with a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15177/2023
Bhomaram S/o Pusaram, Aged About 19 Years, R/o Khedi Salwa P.s. Dagiyawas, Jodhpur (Raj.). (Presently Confined In Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1559/2024
Pappu Lal S/o Shri Chhotulal, Aged About 46 Years, R/o Salawad, Police Station Ghatoli, District Jhalawar (Rajasthan) (Presently Confined In District Jail At Kota).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Amit Dadhich Mr. Narsi Prasad Sharma For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
20/02/2024
The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused petitioner. The petitioner has been arrested in connection with FIR No.178/2023 registered at Police Station Mandhana, District Kota for the offence(s) under Sections 8/15 & 8/29 of the NDPS Act.
Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. The accused-
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[CRLMB-15177/2023]
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petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the main accused Premaram & Rakesh from whom possession 14 kg 700 gms poppy straw was recovered. Apart from the discloser statement, there is no substantive peace of evidence available on record against the accused-petitioners. Accused-petitioners are in custody since long. Trial is likely to take long time to conclude. No useful would be served by keeping the accused-petitioners behind the bars till disposal of the case.
Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications and contend that rider of Section 37 of the NDPS Act is applicable in the instant matters, therefore, the bail applications of the accused-petitioners may be rejected.
Heard. Considering the arguments advanced by learned counsel for the parties and also perused the material on record.
Having regard to the totality of the facts and circumstances of the case and also taking into consideration that apart from the statements of the main accused Premaram & Rakesh, there is no direct evidence available on record connecting the present petitioners in the alleged crime and accused-petitioners are in custody since long, I deem it just and proper to grant bail to the accused-petitioners.
Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Bhomaram S/o Pusaram and Pappu Lal S/o Shri Chhotulal, shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-
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each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
59-60- Mohit
2 issues framed by the court
Whether bail should be granted to accused in an NDPS case involving large quantity of poppy straw where direct evidence against them is lacking.
Whether the mandatory nature of Section 37 of the NDPS Act precludes bail in the present circumstances.
3 provisions across 2 enactments
Bhomaram S/o Pusaram
Pappu Lal S/o Shri Chhotulal
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
