Allowed

Ramroop S/O Pyarelal v. the State of Rajasthan

Rajasthan HC11 Jan 2024CRLMB/46/2024

Case brief

AI extract

What is this about?

Single judge allowed the second bail application of Ramroop, who was arrested under the NDPS Act for possession of poppy husk below commercial quantity, directing his release on bond and surety.

What did the court decide?

Bail granted on personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each with conditions to appear in court and mark presence at police station monthly.

Ramroop S/O Pyarelal Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:2063]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 46/2024

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Ramroop S/o Pyarelal, Aged About 50 Years, R/o Village Hindupura, Police Station Bonli, Sawai Madhopur Rajasthan. (Presently Confined In District Jail- Sawai Madhopur).

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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. Manvendra Singh Choudhary For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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11/01/2024

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This second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.319/2023 registered at Police Station Bonli, District Sawai Madhopur for the offence under Section 8/15 of NDPS Act. Later on, the police filed the charge-sheet in this matter for the offence under Section 8/15 of NDPS Act.

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First bail application of the petitioner was dismissed as withdrawn with liberty to file fresh bail application after outcome of investigation. Now, charge-sheet has been filed and thus, this bail application has been preferred by the petitioner.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that fake recovery of 20 Kg Poppy husk has been shown from the petitioner. Admittedly, alleged recovered

[2024:RJ-JP:2063]

[CRLMB-46/2024]

(2 of 3)

contraband is below commercial quantity. It is further submitted that provisions of Section 37 of NDPS Act are not attracted in this case. Petitioner is in custody since 11.09.2023 and his further custody would not serve any fruitful purpose. Charge-sheet has been filed and trial is likely to take time.

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Learned Public Prosecutor opposes the bail application and submits that two other cases of similar nature have been registered against the petitioner.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged recovered contraband is below commercial quantity, charge-sheet has been filed as also period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

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This bail application is accordingly allowed and it is directed that accused-petitioner - Ramroop S/o Pyarelal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court.

[2024:RJ-JP:2063]

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The petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /44

Ramroop S/O Pyarelal v. the State of Rajasthan

Case brief

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Ramroop S/O Pyarelal v. the State of Rajasthan

Case brief

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