Allowed

Banwarilal Sharma S/O Murari Lal, v. State of Rajasthan

Rajasthan HC7 Nov 2024CRLMB/7593/2024

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Banwarilal Sharma under Section 483 of B.N.S.S., 2023 in a case involving Section 8/20 of the NDPS Act. Considering the recovery was a non-commercial quantity and merit was not contested, bail was granted subject to sureties.

What did the court decide?

Petitioner released on bail providing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each to the satisfaction of the trial court.

Banwarilal Sharma S/O Murari Lal, Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:46001]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 7593/2024

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Banwarilal Sharma S/o Murari Lal, Aged About 56 Years, R/o Nangalsherpur, Police Station Balghat, District Gangapur City, Rajasthan. (At Present Confined In Sub-Jail Hindaun City)

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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. Ravindra Kumar Paliwal For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP

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HON'BLE MR. JUSTICE BHUWAN GOYAL Order

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07/11/2024

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The present application under Section 483 of B.N.S.S., 2023 (439 of Cr.P.C.) has been filed by the petitioner seeking regular bail in connection with F.I.R. No. 93/2024 dated 05.06.2024 registered at Police Station Balghat, District Gangapur City for the offence under Section 8/20 of the NDPS Act.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely enroped in this case. He has contended that the recovery of 5.94 kgs of narcotic substance Ganja is stated to be effected from the possession of the petitioner which is non-commercial quantity. No independent witness to the said recovery has been kept in the present case. He has also contended that total nine cases are stated to be registered against the petitioner, out of which, he has been acquitted in eight cases and in remaining one case, he has been enlarged on bail. The petitioner is languishing in jail since

[2024:RJ-JP:46001]

[CRLMB-7593/2024]

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05.06.2024. Charge-sheet has already been filed and trial of the case is likely to take time. He has, thus, urges that further incarceration of the petitioner in this case would not serve any fruitful purpose. He, therefore, prays that instant bail application may be allowed and petitioner may also be enlarged on bail.

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Learned Public Prosecutor has vehemently and fervently opposed the bail application.

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I have given my thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.

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Having regard to the totality of facts and circumstances of the case; considering the submissions advanced by learned counsel for the petitioner and the fact that recovery of contraband effected from the petitioner is non-commercial quantity, but without commenting anything on the merits and demerits of the case, this Court deems it just and proper to allow instant bail application.

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The present bail application is accordingly allowed and it is directed that accused-petitioner - Banwarilal Sharma S/o Murari Lal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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(BHUWAN GOYAL),J

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PAYAL DHAWAN /11

Banwarilal Sharma S/O Murari Lal, v. State of Rajasthan

Case brief

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What did the court decide?

Banwarilal Sharma S/O Murari Lal, v. State of Rajasthan

Case brief

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What did the court decide?

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