Allowed

Keshara Ram v. State of Rajasthan

Rajasthan HC10 May 2024CRLMB/5434/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the second bail application of the applicant, who was in custody for narcotic drug offences. The Court noted that the charge sheet had been filed, no further investigation remained, and the trial would take substantial time. Relief was granted subject to a personal bond and sureties.

What did the court decide?

The applicant is released on bail by executing a personal bond of ₹1,00,000/- and two sound and solvent sureties of ₹50,000/- each.

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

¶1

[2024:RJ-JD:21121]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 5434/2024

¶4

Keshara Ram S/o Sh. Kirta Ram, Aged About 25 Years, R/o Matasar Bhurtiya, P.S. Nagana, District Barmer. (Presently Lodged In Sub Jail, Balotra)

¶5

----Applicant

¶6

Versus

¶7

State of Rajasthan through PP

¶8

----Respondent

¶9

For Applicant(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP

¶10

JUSTICE DINESH MEHTA

¶11

Order

¶12

10/05/2024

¶13

The present second bail application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) has been filed by the applicant, who is in custody in connection with the FIR No.300/2023 registered at Police Station Pachpadara for the offences punishable under Sections 8/15, 29 of the of the Narcotic Drugs and Psychotropic Substances Act.

¶14

The first bail application (S.B. Criminal Misc. Bail Application No.14945/2023) of the present applicant was dismissed on 08.12.2023 with a liberty to file afresh after filing of the chargesheet.

¶15

Learned counsel informed that now, the charge-sheet has been filed and argued that the only allegation against the applicant is that he had picked up the main accused (Gordhanram) from Bagudi Chohraha, took him towards Malwa and dropped him in his vehicle.

[2024:RJ-JD:21121]

[CRLMB-5434/2024]

(2 of 3)

Learned counsel submitted that there is no active involvement of the applicant so far as illicit transportation and transaction in contraband substance is concerned.

¶20

Learned counsel submitted that the applicant is behind bars since 17.10.2023 and charge-sheet has been filed; neither any investigation nor any recovery remains to be made hence, the applicant be enlarged on bail.

¶21

Mr. Gaurav Singh, learned Public Prosecutor opposed the bail application by contending that the applicant was aware of the involvement of the main accused in the illicit trade of contraband substances and thus, he is equally guilty for the offence.

¶22

Having heard learned counsel for the parties and considering that even if the prosecution story is taken to be correct on its face, the applicant had only helped the principal accused (Gordhanram) in fleeing.

¶23

In view of the aforesaid and considering that the chargesheet has been filed and that no investigation or recovery remains to be made and that trial of the case is likely to take substantial time, this Court is inclined to accept the bail application of the present applicant.

¶24

Consequently, the present second bail application filed under Section 439 of the Code of Criminal Procedure is allowed. It is ordered that the applicant – Keshara Ram S/o Sh. Kirta Ram arrested in connection with FIR No.300/2023 registered at Police Station Pachpadara shall be released on bail; provided that he executes a personal bond in the sum of ₹1,00,000/- and two sound and solvent sureties of ₹50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that

¶25

(3 of 3) [CRLMB-5434/2024]

¶26

[2024:RJ-JD:21121]

¶27

Court on all dates of hearing and as and when called upon to do so.

¶28

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.

¶29

(DINESH MEHTA),J

¶30

421-Arvind/-

Keshara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Keshara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prateek Soni Vs Shri Naveen Jain

Dilip Nath Vs State of Rajasthan

Somveer Vs the State of Rajasthan

Mahendra Kumar Saini Vs State of Rajasthan

Pooja Patel Vs the State of Rajasthan

Kuldeep Tinku Dipu Kd Vs State of Rajasthan