Allowed

Gopa Ram v. State of Rajasthan

Rajasthan HC5 Jul 2024CRLMB/7822/2024

Case brief

AI extract

What is this about?

Bench allowed bail to two petitioners charged under NDPS Act for possession of poppy straw below commercial quantity, citing lack of finding requirement and length of trial, subject to surety bonds and affidavit conditions.

What did the court decide?

Order allowed bail to petitioners Gopa Ram and Joga Ram directed to furnish personal bond and two surety bonds with stipulation to appear, along with bank details affidavit and Aadhar/passbook copies

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

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[2024:RJ-JD:27224]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7822/2024

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Gopa Ram S/o Kheta Ram, Aged About 27 Years, R/o Sarla, Tehsil Sedwa, District Barmer. (At Present Lodged At District Jail Barmer)

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Joga Ram S/o Kumbha Ram, Aged About 28 Years, R/o Sarla, Tehsil Sedwa, District Barmer. (At Present Lodged At District Jail Barmer)

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----Petitioners

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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.	Laxman Bishnoi
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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05/07/2024

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Arrested in furtherance of FIR No.74/2024, registered at Police Station Sedwa, District Barmer, petitioners have filed this application under Section 439 Cr.P.C. for releasing them on bail. The petitioners are charged for offences punishable under Sections 8/15, 17, 18, 25 & 29 of the NDPS Act.

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I have considered the rival submissions made by learned counsel for the petitioners as well as learned public prosecutor and perused the record.

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Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the petitioners and submitted that 20 Kgs. of contraband poppy straw

[2024:RJ-JD:27224]

[CRLMB-7822/2024]

(2 of 3)

has been recovered from the petitioners. Therefore, petitioners do not deserve to be released on bail.

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I have given my anxious consideration to the rival submissions with reference to material placed before me. 5. On perusal of the record and upon consideration of the submissions, it would be clear that according to the case spelled out in the FIR, the petitioners were apprehended while having in possession abovementioned contraband. The recovered contraband weighs below the commercial quantity therefore, recording of finding envisaged under Section 37 of the Act is not a sine qua non for granting bail. The petitioners are not involved in any other case under the Act and trial of the case will take sufficient time to conclude.

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Having considered the material available on record; the arguments advanced by counsel for the petitioners particularly the facts narrated above and the fact that petitioners are in custody since 06.06.2024; that bail rejection order goes to show that petitioners are not involved in any other case under the N.D.P.S. Act; that trial is likely to take its own considerable time and taking note of all these aspects I do not intend to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this Court feels that the petitioners have available to them substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the petitioners in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

[2024:RJ-JD:27224]

[CRLMB-7822/2024]

(3 of 3)

Consequently, the present bail application is allowed and it is directed that the accused-petitioners 1. Gopa Ram S/o Kheta Ram and 2. Joga Ram S/o Kumbha Ram , arrested in connection with the F.I.R. No.74/2024, registered at Police Station Sedwa, District Barmer shall be released on bail provided each of them furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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66-suraj/-

Gopa Ram v. State of Rajasthan

Case brief

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Gopa Ram v. State of Rajasthan

Case brief

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