Allowed

Chandraprakash v. State of Rajasthan

Rajasthan HC29 May 2024CRLMB/739/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur disposed of a bail application filed under Section 439 Cr.P.C. for an accused charged under Sections 8/15 of the NDPS Act. Finding that the recovery of contraband was from another co-accused and there was no substantive evidence against the petitioner, the court granted bail subject to a personal bond and sureties.

What did the court decide?

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

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

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 739/2024

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Chandraprakash S/o Satyanarayan, Aged 28 Years, R/o Nagrana, Tehsil Sangaria, Dist. Hanumangarh (At Present Lodged In Dist. Jail, Hanumangarh)

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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. Kailash Chandra Bishnoi
For Respondent(s)	: Mr. Anda Ram Choudhary,PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

THROUGH V.C.

Order

29/05/2024

The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 568/2023 registered at Police Station Pilibanga, District Hanumangarh for the offence(s) under Sections 8/15 of NDPS Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. The accused petitioner is in custody since 25.09.2023. Other co-accused Ranveer has already been enlarged on bail vide order dated 05.12.2023 by this Bench and the case of the petitioner is not distinguishable from the co-accused who has been enlarged on bail. Recovery of contraband article containing 72KG of poppy straw was recovered from Mahipal and apart from the disclosure

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(2 of 2) [CRLMB-739/2024]

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statement of Mahipal Singh there is no substantive evidence indicating involvement of petitioner in the alleged crime, therefore, the benefit of bail may be granted to the accusedpetitioner.

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Per contra, learned Public Prosecutor opposes the bail application.

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Heard and perused the material available on the record.

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Considering the fact that recovery of contraband article was effected from other co-accused and solely on the disclosure statement of other co-accused petitioner has been made offender under Section 8/29 of NDPS Act. There is no other connecting evidence indicating the involvement of the petitioner in the alleged crime. Therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accusedpetitioner 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 Chandraprakash S/o Satyanarayan, in connection with FIR No. 568/2023 registered at Police Station Pilibanga, District Hanumangarh 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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ashu/29

Chandraprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Chandraprakash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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