Allowed

Laxman Ram v. State of Rajasthan

Rajasthan HC3 Jul 2024CRLMB/7084/2024

Case brief

AI extract

What is this about?

Two applicants detained under FIR No.89/2024 for possession of 16.38 gms of smack, below commercial quantity, sought bail. The court held Section 37 NDPS Act rigor satisfied and granted bail on furnishing personal bond and two sureties.

What did the court decide?

Both petitioners released on bail on personal bond and two sureties, with conditions to furnish bank account details and Aadhaar copies within 7 days of release.

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

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[2024:RJ-JD:26717]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7504/2024

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Bhaguram @ Bhaga Ram S/o Koja Ram, Aged About 50 Years, R/o Jakhado Ki Dhani, Jhalamaliya, P.s. Bhopalgarh, Dist. Jodhpur

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(At Present Lodged In Central Jail, Jodhpur)

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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. 7084/2024 Laxman Ram S/o Khangar Ram, Aged About 89 Years, R/o Ramdawas Kalla, Police Station Kaparda, Distt Jodhpur Raj. (Lodged In Central Jail Jodhpur)

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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.	Ram Kishore
	Mr.	B. RayBishnoi
For Respondent(s)	: Mr.	A.R. Choudhary,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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03/07/2024

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Petitioners are lugged and locked in F.I.R No.89/2024 of Police Station Bhopalgarh, District Jodhpur, for the offence under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Ac t, 1 985. They have filed these applications for restoration of liberty under section 439 of the Code of Criminal Procedure, 1973.

[2024:RJ-JD:26717]

[CRLMB-7504/2024]

(2 of 3)

I have considered the rival submissions made by learned counsel for the applicants as well as learned public prosecutor and perused the record.

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Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants and submitted that 16.38 gms. of contraband smack has been recovered from the applicants. He thus, prayed that in the facts of the present cases, it is expedient that accusedapplicants be kept in the custody.

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I have given my anxious consideration to the rival submissions with reference to material placed before me. 5. On perusal of the record and upon consideration of the submissions, it would be clear that according to the case spelled out in the FIR, the petitioners was apprehended while having in possession of abovementioned contraband. The recovered contraband weighs below the commercial quantity therefore, recording of finding envisaged under Section 37 of the Act is not a sine qua non for granting bail and trial of the case will take sufficient time to conclude.

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Having considered the material available on record; the arguments advanced by counsel for the applicants particularly the facts narrated above and the fact that applicants are in custody since 10.05.2024 and 17.05.2024 respectively; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this court feels that the applicant has

[CRLMB-7504/2024]

[2024:RJ-JD:26717]

(3 of 3)

available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

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Consequently, the present bail applications are allowed and it is directed that the accused-petitioners Bhaguram @ Bhaga

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Ram S/o Koja Ram and Laxman Ram S/o Khangar Ram , arrested in connection with the F.I.R. No.89/2024 of Police Station Bhopalgarh, District Jodhpur shall be released on bail provided each of them furnishe 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. This order is subject to the condition that accused-applicants, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of 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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80-81-Payal/-

Laxman Ram v. State of Rajasthan

Case brief

What is this about?

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Laxman Ram v. State of Rajasthan

Case brief

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