Allowed

Shambhu Singh S/O Inder Singh v. State of Rajasthan

Rajasthan HC22 Feb 2024CRLMB/1768/2024

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by the petitioner facing charges under the NDPS Act. The order emphasized the petitioner's absence during recovery and lack of criminal record, directing police to release him on bail upon arrest if he furnishes a personal bond and two sureties.

What did the court decide?

The anticipatory bail application is allowed; the petitioner must furnish a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each and comply with conditions of availability for interrogatio

Shambhu Singh S/O Inder Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:9129]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1768/2024

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Shambhu Singh S/o Inder Singh, Aged About 52 Years, R/o 81 Pathari Paar Tisai Police Station Dug District Jhalawar.

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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. Rohit Khandelwal For Respondent(s) : Mr. Sanjeev Mahala, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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22/02/2024

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The instant pre-arrest bail application has been filed under Section 438 Cr.P.C. on behalf of the petitioner, who is having apprehension of his arrest in connection with FIR No.112/2023 registered at Police Station Mandana, District Kota (Rural) for the offences under Sections 8/15 and 29 of NDPS Act.

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Learned counsel for the petitioner submits that accusedpetitioner has falsely been implicated in this case. He submits that petitioner was not present at the time of recovery. He submits that according to the prosecution case, co-accused namely- Sohanlal was apprehended along with contraband and other co-accused namely- Gajraj Singh was also with him but he fled away. He submits that Gajraj Singh is son of the petitioner and was using the car of the petitioner. He submits that co-accused- Gajraj Singh has already been granted benefit of pre-arrest bail by a coordinate bench of this court. He submits that alleged contraband is

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below commercial quantity, therefore, rigour of Section 37 does not apply in this case. There are no criminal antecedents of the petitioner and custodial interrogation of the petitioner is not required in this matter.

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Learned Public Prosecutor opposes the bail application.

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Considering the contentions put-forth by the counsel for the petitioner and taking into account the totality of facts and circumstances of the case, especially the fact that petitioner was not present at the time of recovery and co-accused– Gajraj Singh has been granted benefit of pre-arrest bail by a co-ordinate bench of this court; absence of criminal antecedents of the petitioner, but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to allow this anticipatory bail application.

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Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Mandana, District Kota (Rural) in FIR No.112/2023 is directed that in the event of arrest of the petitioner – Shambhu Singh S/o Inder Singh , he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

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(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

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(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise

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to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and

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(iii) that the petitioner shall not leave India without previous permission of the court.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /35

Shambhu Singh S/O Inder Singh v. State of Rajasthan

Case brief

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Shambhu Singh S/O Inder Singh v. State of Rajasthan

Case brief

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