Allowed

Gurubachan Singh v. State of Rajasthan

Rajasthan HC20 Aug 2024CRLMB/8182/2024

Case brief

AI extract

What is this about?

Two accused arrested with about 6 kg poppy straw, a non-commercial quantity, sought regular bail under Section 483 BNSS. The court held Section 37 rigours were satisfied given substantial grounds to question the prosecution case and prolonged trial, and released them on bail with bond conditions.

What did the court decide?

Both petitioners to be released on bail on personal bond and two sureties, subject to furnishing bank account details and Aadhaar copies within 7 days of release.

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

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[2024:RJ-JD:34111]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8181/2024

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Tiku Soni S/o Shri Rajpal Soni, Aged About 34 Years, R/o Gidhadwa, Police Station Gidhadawa, District Mukatsar, State Punjab. (Presently Lodged At Central Jail, Bikaner)

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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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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 8182/2024 Gurubachan Singh S/o Shri Megh Singh, Aged About 47 Years, R/o Gidhawa, Police Station Gidhadawa, District Mukatsar, State Punjab. (Presently Lodged At Central Jail, Bikaner)

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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. Ajeet Singh For Respondent(s) : Mr. Narendra Singh, PP

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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20/08/2024

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Arrested in furtherance of FIR No.83/2024, registered at Police Station Jamsar, District Bikaner, petitioners have filed these applications under Section 439 Cr.P.C. (Section 483 of the BNSS, 2023) for releasing them on bail. The petitioners are charged for offences punishable under Section 8/15 of the NDPS Act. 2. I have considered the rival submissions made by learned counsel for the petitioners as well as learned public prosecutor and perused the record.

[2024:RJ-JD:34111]

[CRLMB-8181/2024]

(2 of 3)

Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the petitioners and submitted that 06.00 Kgs. of contraband poppy straw has been recovered in this matter. 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 charge-sheet has already been filed. 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 19.05.2024; 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:34111]

[CRLMB-8181/2024]

(3 of 3)

Consequently, the present bail applications are allowed and it is directed that the accused-petitioners 1. Tiku Soni S/o Shri Rajpal Soni and 2. Gurubachan Singh S/o Shri Megh Singh , arrested in connection with the F.I.R. No.83/2024, registered at Police Station Jamsar, District Bikaner 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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27-28-suraj/-

Gurubachan Singh v. State of Rajasthan

Case brief

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Gurubachan Singh v. State of Rajasthan

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