Allowed

Kamlesh @ Kishan v. State of Rajasthan

Rajasthan HC15 Apr 2024CRLMB/664/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed bail applications of two accused Petitioners in cases of offences besides NDPS Act, IPC, and Arms Act. The Court cut the bond and needed to surrender bank details for future recovery.

What did the court decide?

Accused-petitioners released on personal bond and two surety bonds; required to submit bank account details and Aadhar cards within 7 days.

Kamlesh @ Kishan Vs State of Rajasthan — Money Laundering | Rajasthan HC (2024)

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[2024:RJ-JD:16133]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 12996/2023

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Ramesh S/o Shri Babu Lal, Aged About 35 Years, R/o- Haryali, Sanchore P.s., At Present Resident Of Tetrol, Chitalwana P.s. Dist. Bhilwara. (Lodged In District Jail, Pratapgarh)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 664/2024 Kamlesh @ Kishan S/o Shri Navlaram, Aged About 22 Years, R/o Bhojasar, P.s. Baytu, Dist. Barmer, Rajasthan. (At Present Lodged At Dist. Pratapgarh).

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		----Petitioner
	Versus
State Of Rajasthan,	Through Pp	----Respondent
For Petitioner(s)	: Mr. RJ Punia Mr. VijayKumar Gaur
For Respondent(s)	: Mr. Javed Gauri,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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15/04/2024

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Criminal Miscellaneous Bail Application No. 12996/2023

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Through instant petition, accused has come before this Court for grant of bail under section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report Number 93/2023 of Police Station Chhoti Sadri, District Pratapgarh in respect of offence punishable under Sections 8/15, 18, 25, 29 of

(2 of 4)

[2024:RJ-JD:16133]

[CRLMB-12996/2023]

NDPS Act and 307, 353, 420, 469, 471 of IPC and 3/25 of Arms Act .

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I have considered the rival submissions of learned counsel for the petitioner as well as learned Public Prosecutor and perused the record.

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Learned counsel for the petitioner argues that recovery of the contraband was made from the Girdhari and Ramesh S/o Pokar Ram and present petitioner Ramesh S/o Babu Lal was not present on spot at the time of recovery. It is further argued that allegations against the present petitioner as well as Sanjay, Joga Ram and Shambhu Lal is that they supplied a theft vehicle to the main accused Girdhari, who used the vehicle for smuggling of contraband and on the basis of said allegations only, present petitioner implicated in the present case.

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It is further argued that the similarly situated co-accused Sanjay, Shambhu Lal, Om Prakash @ Gudda have already been enlarged on bail by a co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Applications Nos.12997/2023 & 15146/2023. Therefore, considering the facts and circumstances the petitioner may be released on bail.

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Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.

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Having considered the facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioner.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Ramesh S/o Shri Babu Lal in 93/2023 of Police Station Chhoti Sadri, District Pratapgarh shall be released on

[2024:RJ-JD:16133]

[CRLMB-12996/2023]

(3 of 4)

bail; provided he furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of his all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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Criminal Miscellaneous Bail Application No. 664/2024

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Through instant petition, accused has come before this Court for grant of bail under section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report Number 93/2023 of Police Station Chhoti Sadri, District Pratapgarh in respect of offence punishable under Sections 8/15, 18, 25, 29 of NDPS Act and 307, 353, 420, 469, 471 of IPC and 3/25 of Arms Act .

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I have considered the rival submissions of learned counsel for the petitioner as well as learned Public Prosecutor and perused the record.

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Learned counsel for the petitioner argues that the allegation against the present petitioner Kamlesh is to the effect that a mobile phone was recovered from the principal accused Girdhari and the sim used by the Girdhari in that mobile phone was provided to him by present petitioner and no other allegations is leveled against the petitioner. Therefore, considering the facts and circumstances the petitioner may be released on bail.

(4 of 4)

[2024:RJ-JD:16133]

[CRLMB-12996/2023]

Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.

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Having considered the facts and circumstances of the case, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioner.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner Kamlesh @ Kishan S/o Shri Navlaram in 93/2023 of Police Station Chhoti Sadri, District Pratapgarh shall be released on bail; provided he furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of his all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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22-23-Anshul/-

Kamlesh @ Kishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamlesh @ Kishan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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