Bench allowed bail to petitioner arrested under NDPS Act for recovery of ganja exceeding commercial quantity, considering long detention and request to furnish bond.
Accused released on personal bond of Rs. 1,00,000/- and two non-objectionable sureties of Rs. 50,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:45371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7332/2024
Balli @ Balveer S/o Late Sh. Vijay Singh, Aged About 33 Years, R/o Dhaoopaysa, Police Station Atalband, District Bharatpur (Raj.) (At Present Confined In The District Jail, Bharatpur).
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. Vivek Choudhary, P.P
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
04/11/2024
(2 of 4)
[2024:RJ-JP:45371]
[CRLMB-7332/2024]
bail by this Court on 03.06.2024 in S.B. Civil Miscellaneous Bail Application No.16044/2023. Learned counsel argued that case of accused-petitioner is not different from that of co-accused Smt. Kamlesh. Learned counsel also argued that the accused-petitioner was arrested on 20.10.2023 and since then, he is behind the bars, charge-sheet has been submitted. Learned counsel further submitted that two other cases of similar nature (FIR No.46/2017 P.S. Atal Band and FIR No. 359/2020 P.S. Sevar) against the present accused-petitioner have been said to be registered under N.D.P.S Act but no contraband has been recovered in those cases from the possession of the accused-petitioner. Learned counsel also submitted that both the above mentioned cases have been registered against the accused-petitioner on the information of co-accused. Learned counsel further submitted that in the above mentioned two cases, no recovery has been made from the present accused-petitioner.
(3 of 4)
[2024:RJ-JP:45371]
[CRLMB-7332/2024]
(4 of 4)
[2024:RJ-JP:45371]
[CRLMB-7332/2024]
shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J
TANISHA /4
2 issues framed by the court
Whether bail should be granted to an accused facing charges under the NDPS Act in view of the quantity of contraband recovered and prior charge sheets.
Whether the fact that co-accused has been released on bail affects the present bail application.
2 provisions across 2 enactments
BALLI @ BALVEER S/O LATE SH. VIJAY SINGH
STATE OF RAJASTHAN
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
