Allowed

Madanlal @ Madanjhalariya v. State of Rajasthan

Rajasthan HC8 Apr 2024CRLMB/2870/2023

Case brief

AI extract

What is this about?

This single-judge criminal court allowed a bail application filed under Section 439 Cr.P.C. by an accused charged under Section 8(22), 8(25), and 8(29) of the NDPS Act. The court noted a lack of substantive evidence beyond the disclosure statements of co-accused and granted bail, directing the petitioner to furnish a bond.

What did the court decide?

The petitioner was enlarged on bail under Section 439 Cr.P.C. upon furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Madanlal @ Madanjhalariya Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:15613]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No.2870/2023

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Madanlal @ Madanjhalariya S/o Gordhan Ram, Aged About 38 Years, R/o Sanvarji Tehsil Phalodi Dist. Jodhpur

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(At Present Lodged In Central Jail Bikaner)

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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. Kailash Khilery, Adv. Mr. Naresh Kumar Vishnoi, Adv. For Respondent(s) : Mr. Gaurav Singh, PP

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THROUGH VIDEO CONFERENCING

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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08/04/2024

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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.273/2020 registered at Police Station Bichhwal, District Bikaner for the offence(s) under Sections 8/22, 8/25 and 8/29 of the N.D.P.S. Act.

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Learned counsel for the petitioner submits that the petitioner has falsely been involved in this case, solely on the disclosure statement of main co-accused Jagmeent Singh and Swarn Singh from whom recovery of commercial quantity of tramadol was effected. Apart from that, there is no other substantive piece of evidence indicating involvement of the accused-petitioner in the alleged crime. The accused-petitioner is in custody since

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[2024:RJ-JD:15613]

[CRLMB-2870/2023]

23.08.2022 and the trial of the case may take considerable time, therefore, the benefit of grant of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor vehemently opposes the grant of bail application. It is submitted that the commercial quantity of tramadol was recovered from the co-accused Jagmeet Singh and Swarn Singh and in their disclosure statement, they have alleged the name of the present petitioner, therefore, considering the gravity of the allegations levelled against the accused-petitioner, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the charge-sheet. 5. The main allegations of transporting the illegal contraband articles are attributed to co-accused Jagmeet Singh and Swarn Singh, from whom recovery of commercial quantity of tramadol was effected. Apart from the disclosure statement of co-accused Jagmeet Singh and Swarn Singh, there is no other direct or substantive evidence against the present petitioner. The petitioner is in custody since 23.08.2022 and the trial of the case may take considerable time. Considering the above aspects, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Madanlal @ Madanjhalariya S/o Gordhan Ram in connection with FIR No.273/2020, registered at Police Station Bichhwal, District Bikaner, 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

[2024:RJ-JD:15613]

[CRLMB-2870/2023]

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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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Ashwani kr Srivastava/-11

Madanlal @ Madanjhalariya v. State of Rajasthan

Case brief

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Madanlal @ Madanjhalariya v. State of Rajasthan

Case brief

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