Allowed

Ramesh S/O Shri Bhairu Lal v. State of Rajasthan

Rajasthan HC18 Jul 2024CRLMB/7134/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C. The petitioner, accused in the NDPS Act, sought release from custody. The court granted bail, noting that the contraband was below commercial quantity and the trial would take time, without expressing an opinion on merits.

What did the court decide?

The petitioner was released on bail upon furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Ramesh S/O Shri Bhairu Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:29949]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.

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7134/2024

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Ramesh S/o Shri Bhairu Lal, Aged About 20 Years, R/o Palkanda, Police Station Gatoli, District Jhalawar (Rajasthan) (At Present Confined To District Jail Tonk).

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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. Kapil Sharma, Adv. For : Mr. Imran Khan, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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18/07/2024

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This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.184/2023 registered at Police Station Purani Tonk, District Tonk for the offence(s) under Section(s) 8/21 & 8/29 of NDPS Act.

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Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that the alleged contraband recovered in the present case is less than commercial quantity and charge-sheet has already been filed.

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[2024:RJ-JP:29949]

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(2 of 2) [CRLMB-7134/2024]

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Learned counsel also submits that the accusedpetitioner has been in judicial custody since 02.10.2023 and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

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Learned Public Prosecutor appearing for the State has opposed the bail application.

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Taking into consideration the overall facts and circumstances of the case, the fact that the recovery of alleged contraband in the present case is less than commercial quantity and charge-sheet has been filed, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Ramesh S/o Shri Bhairu Lal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

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(UMA SHANKER VYAS),J

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YOGESH KUMAR /11

Ramesh S/O Shri Bhairu Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramesh S/O Shri Bhairu Lal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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