Allowed

Smt. Kali Devi W/O Late Sh. Prabhu Sansi v. State of Rajasthan

Rajasthan HC19 Mar 2024CRLMB/2000/2024

Case brief

AI extract

What is this about?

Bail applications under Section 439 Cr.P.C. allowed for accused in an NDPS case. The court observed that apart from a disclosure statement by a co-accused, there was no direct or substantive evidence against the petitioners, leading to their release on personal bond with sureties.

What did the court decide?

Petitioners enlarged on bail by furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Smt. Kali Devi W/O Late Sh. Prabhu Sansi Vs State of… — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:13802]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2000/2024

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Smt. Kali Devi W/o Late Sh. Prabhu Sansi, Aged About 50 Years, R/o Plot No. 180, Gali No. 2, Triveni Kacchi Basti, Sitaram Nagar, Police Station Shipra Path, Jaipur. (At Present Lodged In Central Jail, Jaipur)

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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. 3335/2024 Ashu @ Kajod S/o Late Sh. Prabhu Sansi, Aged About 30 Years, R/o Plot No. 180, Gali No. 2, Triveni Kacchi Basti, Sitaram Nagar, Police Station Shipra Path, Jaipur. (At Present Lodged In Central Jail, Jaipur).

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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.	Vivek Goyal
For Respondent(s)	: Mr.	Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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19/03/2024

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The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.855/2022 registered at Police Station Shipra Path, Jaipur City (South) for the offence(s) under Section 8/20 of NDPS Act.

[2024:RJ-JP:13802]

[CRLMB-2000/2024]

(2 of 3)

Learned counsel for the accused-petitioners submits that accused-petitioners have falsely been implicated in this case. He further submits that accused-petitioners Kajod & Kali solely on the disclosure statement of other co-accused Sunny Gadia from whom 3.5 Kg of Ganja was recovered. He further submits that chargesheet against accused-petitioners has already been produced before this Court and trial of the case may take considerable time, therefore, the bail applications may be allowed.

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Learned Public Prosecutor vehemently opposes the bail applications and submits that accused-petitioners are having criminal antecedents. He further submits that accused-petitioner Kajod was found to involve in 26 criminal cases & accusedpetitioner Kali was found to involve in 21 criminal cases. Therefore, considering the gravity of the offence, the bail applications of accused-petitioners may be dismissed.

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Heard and perused the charge-sheet.

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Considering the fact that there is not direct evidence indicating the involvement of present accused-petitioners under Section 8/20 of NDPS Act, apart from disclosure statement of main co-accused Sunny Gadia and there is no substantive evidence available against the accused-petitioners. Thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.

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Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners namely: 1. Smt. Kali Devi W/o Late Sh. Prabhu Sansi & 2. Ashu @

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Kajod S/o Late Sh. Prabhu Sansi in connection with FIR No.855/2022 registered at Police Station Shipra Path, Jaipur City

[CRLMB-2000/2024]

[2024:RJ-JP:13802]

(3 of 3)

(South) shall be enlarged on bail provided they furnish 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 their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/132-133

Smt. Kali Devi W/O Late Sh. Prabhu Sansi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Kali Devi W/O Late Sh. Prabhu Sansi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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