Allowed

Rajendra S/O Shri Devi Sahai v. State of Rajasthan

Rajasthan HC2 Jul 2024CRLMB/7901/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for an accused charged under Sections 8/20 of the NDPS Act, deeming it just and proper to grant bail given the lesser than commercial quantity of contraband recovered, without expressing an opinion on the case merits.

What did the court decide?

The petitioner is enlarged on bail by furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Rajendra S/O Shri Devi Sahai Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:27378]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No.

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7901/2024

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Rajendra S/o Shri Devi Sahai, R/o 326, Ahir Ward No. 11, Jhunjhunu, Rajasthan. (At Present Confined In District Jail Jhunjhunu, District Jhunjhunu).

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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) : Ms. Anushree Sharma, Adv. For : Mr. N.S. Gurjar, PP Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Order

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02/07/2024

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This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.99/2024 registered at Police Station Shahpura (Jaipur Rural), District Jaipur Rural for the offence(s) under Section(s) 8/20 of NDPS Act.

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Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that the alleged contraband recovered in the present case is less than commercial

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[2024:RJ-JP:27378]

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(2 of 2)

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quantity. Learned counsel also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

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Learned Public Prosecutor appearing for the State has opposed the bail application.

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Taking into consideration the overall facts and circumstances of the case and the fact that the recovery of alleged contraband in the present case is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Rajendra S/o Shri Devi Sahai shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

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(UMA SHANKER VYAS),J

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GAURAV SHARMA /53

Rajendra S/O Shri Devi Sahai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajendra S/O Shri Devi Sahai v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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