Allowed

Kamaldeep v. State of Rajasthan

Rajasthan HC2 May 2024CRLMB/5392/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC by an accused arrested in an NDPS case where contraband recovered was alleged to be below commercial quantity. Court enlarged him on bail on a personal bond with two sureties without commenting on merits.

What did the court decide?

Accused-applicant to be enlarged on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Kamaldeep Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:19027]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 5392/2024

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Kamaldeep S/o Shri Devilal Kumhar, Aged About 24 Years, R/o Ward No.02, Dungarsinghpura, Police Station Lalgarh Jatan, District Sriganganagar. (At Present Lodged In Central Jail Sri Ganganagar)

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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. Vinod Kumar Sihag
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

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Order

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02/05/2024

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The instant bail application has been filed by the applicant under Section 439 Cr.P.C. The applicant has been arrested in connection with FIR No. 49/2024 registered at Police Station Chunawad, District Sriganganagar for the offence(s) under Section 8/18, 25 of the NDPS Act.

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Learned counsel for the accused-applicant submits that the applicant has been falsely implicated in the case. The recovered contraband is below commercial quantity. It is submitted that the case of the applicant is similar to the case of co-accused Akshay Kumar who has already been granted bail by this Court vide order dated 29.04.2024 in S.B. Criminal Miscellaneous Bail Application No. 5224/2024. There is no other case registered against the applicant under the NDPS Act. The applicant is behind the bars.

[2024:RJ-JD:19027]

[CRLMB-5392/2024]

(2 of 2)

The trial may take long time to conclude. Thus, learned counsel submitted that the applicant may be enlarged on bail.

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Per contra, learned Public Prosecutor vehemently opposed the bail application.

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Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the accusedapplicant 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-applicant Kamaldeep S/o Shri Devilal Kumhar arrested in connection with aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/each to the satisfaction of the learned lower court 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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(YOGENDRA KUMAR PUROHIT),J

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13-minki/-

Kamaldeep v. State of Rajasthan

Case brief

What is this about?

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Kamaldeep v. State of Rajasthan

Case brief

What is this about?

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