Allowed

Kalu Khan v. State of Rajasthan

Rajasthan HC22 Apr 2024CRLMB/648/2024

Case brief

AI extract

What is this about?

Petitioner filed a second bail application under Section 439 Cr.P.C. in an NDPS case. The High Court, noting that the co-accused from whom contraband was recovered was already granted bail by a co-ordinate bench, allowed the application and released the petitioner on bail with bond and sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each before the Trial Court.

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

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[2024:RJ-JD:17431]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Cr. Misc. 2^nd Bail Application No. 648/2024

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Kalu Khan S/o Sh. Mustak Khan, Aged About 30 Years, R/o Ward No 5, Gypsum Colony, Jamsar, Police Station Jamsar, District Bikaner. (Presently Lodged In District Jail, Hanumangarh)

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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.	Pradeep Kumar Shah with
	Mr.	C.S. Rathore
For Respondent(s)	: Mr.	S.K. Bhati,Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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22/04/2024

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The present second bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 334/2023 registered at Police Station Sangaria, District Hanumangarh for the offences under Sections 8/15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

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The first bail application preferred by the present applicant was dismissed as withdrawn by this Court vide order dated 17.11.2023 passed in S.B. Cr. Misc. Bail Application No. 12654/2023 with liberty to file afresh once the charge-sheet is filed.

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Learned counsel for the applicant submitted that the coaccused - Kamlesh @ Komal from whom the contraband was recovered has already been enlarged on bail by the co-ordinate

[2024:RJ-JD:17431]

[CRLMB-648/2024]

(2 of 2)

Bench of this Court vide its order dated 01.04.2024 passed in S.B. Cr. Misc. 2^nd Bail Application No. 93/2024 and therefore the present applicant be enlarged on bail.

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Learned Public Prosecutor is not in a position to dispute the aforesaid position of facts and law.

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Having heard learned counsel for the parties and considering the fact that the co-accused from whom the contraband was recovered has already been enlarged on bail by the co-ordinate Bench of this Court, this Court is of the view that the present applicant also deserves to be enlarged on bail.

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Consequently, this second bail application filed under Section 439 Cr.P.C. is allowed. The applicant Kalu Khan S/o Mustak Khan arrested in connection with the FIR No. 334/2023 registered at Police Station Sangaria, District Hanumangarh shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

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Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(DINESH MEHTA),J

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181-Mak/-

Kalu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kalu Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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