Allowed

Dhirendra @ Gagi v. State of Rajasthan

Rajasthan HC8 Apr 2024CRLMB/9331/2022

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed bail to Dhirendra @ Gagi under Section 439 Cr.P.C. in a narcotics case where contraband was recovered from co-accused only. The Court noted lack of distinct evidence against the petitioner and noted a similarly placed co-accused had been granted regular bail.

What did the court decide?

Accused to be enlarged on bail by furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Dhirendra @ Gagi Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:15615]

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FHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 9331/2022

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Dhirendra @ Gagi S/o Jaswant Singh, Aged About 23 Years, R/o Chak 06P Ps Anupgarh Dist. Sri Ganganagar (At Present Lodged In Sub Jail Anupgarh)

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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.	Rajni Kaushik
For Respondent(s)	: Mr.	Gaurav Singh, PP

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THROUGH VIDEO CONFERENCING

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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08/04/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.362/2020 registered at Police Station Anoopgarh, District Ganganagar for the offence(s) under Sections 8/22 & 29 of NDPS Act.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that there is no direct or indirect evidence available on record against the accused-petitioner indicating his involvement in the alleged crime. The recovery of contraband articles containing commercial quantity of tramadol was effected from other co-accused Gurjeet Singh and Darshan Singh. He further submits that apart from the disclosure statement of coaccused Gurjeet Singh and Darshan Singh, there is no other

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evidence against the accused-petitioner linking him in the alleged crime. The accused-petitioner is in custody since long and similarly placed co-accused Chhindrapal who has been enlarged on bail. Only one witness has been examined after the commencement of trial and there is long list of witnesses. The trial of the case may take considerable time, therefore, the bail application may be allowed.

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Learned Public Prosecutor vehemently opposes the bail application and submits that on the disclosure statement of other co-accused Gurjeet Singh and Darshan Singh rendered soon after the recovery of contraband articles and gets mentioning of accused name and police has collected the call details of present accused- petitioner and the co-accused who has been nabbed at the place of incident. He further submits that accused-appellant is having previous record of criminal cases and was found to be involved in similar nature of cases. Therefore, considering the gravity of the offence, the bail application of accused-appellant may be dismissed.

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Heard and perused the charge-sheet.

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Considering the arguments advanced by the learned counsel for the parties and looking to the overall facts and circumstances of the case, more particularly the fact that no recovery was effected from the accused-petitioner and involvement of the accused-petitioner in the alleged crime has been made on the basis of disclosure statement rendered by the other co-accused. Similarly placed co-accused Chhindrapal, who has been enlarged on regular bail by this Court vide order dated 29.11.2023 and the case of the present accused-petitioner is not distinguishable from

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the case of the co-accused Chhindrapal. The accused-petitioner is in custody since long, thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-appellant on bail.

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Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Dhirendra @ Gagi S/o Jaswant Singh in connection with FIR No.362/2020 registered at Police Station Anoopgarh, District Ganganagar shall be enlarged on bail provided 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 and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/8

Dhirendra @ Gagi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhirendra @ Gagi v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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