Allowed

Shayam Singh S/O Nainsingh v. the State of Rajasthan

Rajasthan HC14 Mar 2024CRLMB/410/2024

Case brief

AI extract

What is this about?

High Court allowed bail to accused-petitioner Shayam Singh under Section 439 Cr.P.C. in a drug trafficking case, finding that recovery occurred from co-accused and no substantive evidence linked him to the offence merely based on a co-accused disclosure statement.

What did the court decide?

Accused-petitioner enlarged on bail providing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Shayam Singh S/O Nainsingh Vs the State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

(1 of 2)

[2024:RJ-JP:12878]

[CRLMB-410/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 410/2024

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Shayam Singh S/o Nainsingh, Aged About 43 Years, R/o Hasoriya P.s. Garoth Dist. Mandsaur (M.p.) (Accused In Central Jail, Kota)

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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. Ali Mohd. Khan For Respondent(s) : Mr. M. S. Saini-PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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14/03/2024

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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.62/2023 registered at Police Station Mandana, District Kota Rural for the offence(s) under Sections 8/15 and 8/29 of NDPS Act.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in the case. The recovery of contraband articles was effected from the other coaccused and solely on the basis of disclosure statement of the other co-accused, accused-petitioner has been involved in this case. There is no substantive evidence against the accusedpetitioner that he was involved in the alleged offence. The trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner.

[2024:RJ-JP:12878]

[CRLMB-410/2024]

(2 of 2)

Per contra, learned Public Prosecutor vehemently opposes the bail application and submits that in the disclosure statement, co-accused Daljeet Singh has disclosed that the said contraband articles were purchased from the accused Shayam Singh. He further submits that accused-petitioner and other co-accused Daljeet Singh were in contact through mobile. Therefore, bail application of the accused-petitioner may be dismissed.

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Heard and perused the rejection order and charge-sheet.

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Considering the arguments advanced by the learned counsel for the parties and looking to the fact that recovery of contraband articles was effected from the other co-accused Daljeet Singh, Anil and Ramanpreet Singh. Apart from disclosure statement of coaccused Daljeet Singh, there is no other substantive evidence indicating the involvement of the accused-petitioner, 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 Shayam Singh S/o Nainsingh in connection with FIR No.62/2023 registered at Police Station Mandana, District Kota Rural 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 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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149S-Rahul Joshi

Shayam Singh S/O Nainsingh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shayam Singh S/O Nainsingh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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