Allowed

Ajay S/O Jaykishan Swami v. the State of Rajasthan

Rajasthan HC2 May 2024CRLMB/3921/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an anticipatory bail application filed under Section 438 Cr.P.C. concerning FIR No. 56/2024 for offences under the NDPS Act. The court noted the recovery was below commercial quantity and investigation was pending without a warrant. Bail was granted with conditions including personal bond, cooperation, no inducement, and no travel abroad.

What did the court decide?

Anticipatory bail allowed; petitioner to execute personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each on conditions of cooperation and non-fleeing.

Ajay S/O Jaykishan Swami Vs the State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3921/2024

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Ajay S/o Jaykishan Swami, Aged About 31 Years, R/o 13/21, Kachchi Basti, Rajeev Nagar, Vidhyadhar Nagar, Jaipur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Shantnu Bansal 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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02/05/2024

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Apprehending his arrest in connection with FIR No. 56/2024 registered at Police Station Vishwakarma, District Jaipur (west) for the offence(s) under Section 8/21 of the NDPS Act the petitioner has preferred this anticipatory bail application under Section 438 Cr.P.C. 2. Learned counsel for the accused-petitioner submits that petitioner has falsely been implicated in this case. Learned counsel for the petitioner also submits that co-accused Dheeraj from whom six gram of smack was recovered, disclosed the name of the petitioner, apart from that there is no other substantive evidence against the petitioner indicating his involvement in the alleged crime. Recovered quantity of alleged contraband is below commercial quantity and petitioner is ready and willing to cooperate with the investigation. He prays that the anticipatory bail of accused-petitioner may be allowed.

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[CRLMB-3921/2024]

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(2 of 3)

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Learned Public Prosecutor vehemently opposed the bail application and submits that petitioner found to be involved in different criminal cases and petitioner is evading his arrest, therefore his bail application may be dismissed

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Heard and perused the factual report. In the factual report it is stated that other co-accused has named the petitioner, apart from that there is no evidence against the petitioner indicating his involvement in the alleged crime. Factual report also reveals that investigation under Section 173 (8) Cr.P.C. is still pending against the petitioner and no warrant under Section 37 of the act has been obtained against the petitioner.

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Therefore considering the above facts, I deem it just and proper to allow the anticipatory bail application of the accusedpetitioner.

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Accordingly, the anticipatory bail application under Section 438 Cr.P.C. is allowed and it is ordered that in the event of arrest of the petitioner- Ajay S/o Jaykishan Swami, in connection with FIR No. 56/2024 registered at Police Station Vishwakarma, District Jaipur (west) 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/- 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 to any person acquainted with the facts of the case

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(3 of 3) [CRLMB-3921/2024]

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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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(PRAVEER BHATNAGAR),J

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Ashu/116

Ajay S/O Jaykishan Swami v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ajay S/O Jaykishan Swami v. the State of Rajasthan

Case brief

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What did the court decide?

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