Allowed

Krishan Kumar Dhenwal S/O Ghasee Ram v. State of Rajasthan

Rajasthan HC9 Feb 2024CRLMB/734/2024

Case brief

AI extract

What is this about?

This single judge bail application from Rajasthan focused on the petitioner's detention in a narcotics case. The bench granted bail noting the absence of direct evidence or physical involvement against the petitioner.

What did the court decide?

Enlargement of the accused-petitioner on bail subject to furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Krishan Kumar Dhenwal S/O Ghasee Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:6810]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 734/2024

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Krishan Kumar Dhenwal S/o Ghasee Ram, Aged About 26 Years, R/o Ward No. 27, Udaipurwaty, District Neem Ka Thana (Raj.) (At Present At District Jail Neem Ka Thana)

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----Petitioner

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Versus

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State of Rajasthan, through PP 2. Vikram Singh S/o Madan Singh, S.H.O., Police Station Sadar Neem Ka Thana (Raj.)

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----Respondents

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For Petitioner(s)	: Mr. Atar Singh
	Mr. K.K. Bhinda
For Respondent(s)	: Mr. N.S. Gurjar, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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09/02/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.526/2023 registered at Police Station Neem Ka Thana Sadar, District Neem Ka Thana for the offence(s) under Section 8/20 read with Section 29 of N.D.P.S. Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated under Section 8/20 read with Section 8/29 of N.D.P.S. Act. He also submits that charge sheet

[2024:RJ-JP:6810]

[CRLMB-734/2024]

(2 of 3)

against the accused-petitioner under Section 8/29 of N.D.P.S. Act has been submitted before the learned trial court.

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Learned counsel for the accused-petitioner further submits that petitioner has been involved solely on the disclosure statement of other accused Sumit, from whom, the contraband article containing 20 Kgs. Cannabis was recovered. He also submits that there is no connecting evidence that accusedpetitioner was involved in the alleged crime. The accusedpetitioner is in custody since 25.09.2023, so also, the investigation/trial of the case may take considerable time, therefore, the benefit of grant of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor opposes the grant of bail application.

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Considering the fact that recovery of contraband article containing 20 Kgs. Cannabis was effected from other accused Sumit and apart from the disclosure statement of Sumit, there is no other direct evidence against the accused-petitioner regarding his involvement in the alleged crime.

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Considering the arguments advanced by the counsel for the parties. The accused-petitioner is in custody since 25.09.2023, so also, the investigation/trial of the case may take considerable time and looking to the overall facts and circumstances of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Krishan Kumar Dhenwal S/o Ghasee Ram in connection with F.I.R. No.526/2023 registered at Police Station Neem Ka Thana

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[2024:RJ-JP:6810] (3 of 3)

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[CRLMB-734/2024]

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Sadar, District Neem Ka Thana shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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88-SURAJ KUMAR

Krishan Kumar Dhenwal S/O Ghasee Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Krishan Kumar Dhenwal S/O Ghasee Ram v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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