Allowed

Om Prakash v. State of Rajasthan

Rajasthan HC19 Jul 2024CRLMB/7100/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. for possession of 35gms of smack, the Court held that as the quantity was below commercial levels, a finding under Section 37 NDPS Act was not mandatory. Bail was granted subject to bond conditions and furnishing bank account details.

What did the court decide?

Petitioner released on bail on furnishing personal bond and two surety bonds, along with affidavit of bank accounts and Aadhar cards.

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

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[2024:RJ-JD:29524]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7100/2024

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Om Prakash S/o Maluram, Aged About 33 Years, R/o Ward No.08, Khokharana, Police Station Loonkaransar District Bikaner. (At Present Lodged In Central Jail, Bikaner)

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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.	AmardeepLamba
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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19/07/2024

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The matter comes upon an application (IA No.1/2024) for preponement of the date of hearing of the criminal misc. bail application.

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For the reasons mentioned in the application, the same is allowed. The matter is taken up today itself.

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Arrested in furtherance of FIR No.160/2024, registered at Police Station Loonkaransar, District Bikaner, petitioner has filed this application under Section 439 Cr.P.C. for releasing him on bail. The petitioner is charged for offences punishable under Section 8/21 of the NDPS Act.

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I have considered the rival submissions made by learned counsel for the petitioner 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

[2024:RJ-JD:29524]

[CRLMB-7100/2024]

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petitioner and submitted that 35.00 Gms. of contraband smack has been recovered from the petitioner. Therefore, petitioner does not deserve to be released on bail.

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I have given my anxious consideration to the rival submissions with reference to material placed before me. 7. 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 petitioner was apprehended while having in possession 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. 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 petitioner particularly the facts narrated above and the fact that petitioner is in custody since 02.05.2024; 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 petitioner has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the petitioner in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.

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Consequently, the present bail application is allowed and it is directed that the accused-petitioner Om Prakash S/o Maluram , arrested in connection with the F.I.R. No.160/2024, registered at

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Police Station Loonkaransar, District Bikaner shall be released on bail provided he furnishes 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, within 7 days of his 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-suraj/-

Om Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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