Allowed

Badrilal v. State of Rajasthan

Rajasthan HC13 Feb 2024CRLMB/587/2024

Case brief

AI extract

What is this about?

This bail application concerned two petitioners arrested under the NDPS Act. Relying on the release of co-accused and the facts presented, the High Court granted bail without expressing an opinion on the merits of the case.

What did the court decide?

Petitioners Badrilal and Kishore are released on bail in connection with FIR No.138/2020 upon executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

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

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[2024:RJ-JD:7449]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 587/2024

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Badrilal S/o Gopal, Aged About 31 Years, R/o Kuntal Khedi, P.s. Bhanpura, Dist. Mandsaur, Madhyapradesh. (Presently Lodged In Central Jail, Jodhpur).

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Kishore Alias Nandkishore S/o Ramdayal, Aged About 28 Years, R/o Bardiya, Istamurar, P.s. Garodh, Dist. Mandsaur, Madhyapradesh. (Presently Lodged In Central Jail, Jodhpur).

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----Petitioners

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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. Mangilal Vishnoi For Respondent(s) : Mr. B.R. Bishnoi, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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13/02/2024

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The court date was fixed in this matter as 22.01.2024, but since the matter was not listed on the fixed court date, the counsel for the petitioner sought permission to list the matter.

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The petitioners have been arrested in connection with FIR No.138/2020 of Police Station Lohawat, for the offences punishable under Section 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner submits that the coaccused namely Jagdish, Pukhraj, Sunil and Dawad Khan have already been released on bail by this Court in S.B. Criminal Misc. Bail Applications No.5762/2021, 3079/2021, 16635/2021 & 10482/2022 vide orders dated 19.05.2021, 10.03.2021, 16.02.2022 & 22.11.2022 respectively.

[2024:RJ-JD:7449]

[CRLMB-587/2024]

(2 of 2)

Learned counsel for the petitioner further submits that Daoud Khan was said to be the driver of the truck, which was carrying the contraband though he absconded from the site in question and the implication of the present petitioner is only on the statement of the co-accused, who have already been released on bail, thus, the petitioner may be released on bail.

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Learned Public Prosecutor opposes the bail application, but is unable to refute the aforesaid factual matrix. 6. Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused persons have already been granted bail and the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Badrilal S/o Gopal and (2) Kishore Alias Nandkishore S/o Ramdayal, shall be released on bail in connection with FIR No.138/2020 of Police Station Lohawat provided each of them execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(DR. PUSHPENDRA SINGH BHATI), J.

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1-Sudheer/-

Badrilal v. State of Rajasthan

Case brief

What is this about?

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Badrilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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