Allowed

Karan Singh v. State of Rajasthan

Rajasthan HC11 Jul 2024CRLMB/8115/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused facing charges under the NDPS and Arms Acts. The court noted the recovery of contraband was below commercial quantity and the trial would be long, deeming the Section 37 NDPS embargo inapplicable and granting bail. The petitioner must furnish a bond with sureties.

What did the court decide?

The accused-petitioner shall be enlarged on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

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

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[2024:RJ-JD:28309]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8115/2024

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Karan Singh S/o Sh Bhagwan Singh, Aged About 30 Years, R/o Sidho Ki Dhani, Mandali, Police Station Mandali, Distt Balotra. (At Present Lodged In Central Jail Jodhpur)

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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. NeerajKumar Gurjar
For Respondent(s)	: Mr. Abhishek Purohit,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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11/07/2024

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The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

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S.No.	Particulars of	the Case
1.	FIR Number	112/2023
2.	Concerned Police Station	Balesar
3.	District	Jodhpur Rural
4.	Offences alleged in the FIR	Under Sections 8/15of the NDPS Act and 3, 25 of Arms Act
5.	Offences added, if any	Under Section 29 Arms Act
6.	Date of passing of impugned order	14.06.2024

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It is contended on behalf of the accused-petitioner that the recovered contraband is well below demarcated commercial quantity. No case for the alleged offences is made out against

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[2024:RJ-JD:28309]

[CRLMB-8115/2024]

him and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case.

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Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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I Have considered the submissions made by both the parties and have perused the material available on record.

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The matter pertains to the recovery of poppy husk below the demarcated commercial quantity from the principal accused. The petitioner has been made accused in this case based on the confessional statement made by the principal accused while in police custody. The recovered contraband is well below demarcated commercial quantity. In the given circumstances, the embargo contained under Section 37 of NDPS Act is not attracted in this case. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

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Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided

[2024:RJ-JD:28309]

[CRLMB-8115/2024]

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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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(FARJAND ALI),J

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46-chhavi/-

Karan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Karan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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