Gursewak Singh v. State of Rajasthan

Rajasthan HC7 Jan 2025CRLMB/15113/2024

Case brief

AI extract

What is this about?

S.B. Criminal Miscellaneous Bail Application No. 15113/2024; Gursewak Singh v. State of Rajasthan; bail under Section 439 Cr.P.C.; NDPS Act Sections 8/21, 8/25, 29; FIR No.113/2024, P.S. Lalgarh Jatan, District Ganganagar; parity with co-accused Ramandeep Singh @ Raman (S.B. Criminal Misc. Second Bail Application No.9627/2024, order dt. 30.07.2024); bail granted 07/01/2025; personal bond Rs.50,000/- with two sureties of Rs.25,000/- each; Rajasthan High Court at Jodhpur; Justice Farjand Ali.

What did the court decide?

Accused-petitioner Gursewak Singh to be enlarged on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge, and to appear before the court concerned on all dates of hearing as and when called upon. ¶¶23

Gursewak Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-petitioner, charged under FIR No.113/2024 (P.S. Lalgarh Jatan, Dist. Ganganagar) with offences under Sections 8/21, 8/25 and 29 of the NDPS Act, is entitled to enlargement on bail through an application under Section 439 Cr.P.C., particularly on parity with the co-accused who had already been enlarged on bail.

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Court's answer

On the ground of parity with the co-accused Ramandeep Singh @ Raman (already enlarged on bail on 30.07.2024) and considering the high probability that the trial would take a long time to conclude, the Court deemed it suitable to grant bail to the petitioner.

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Ratio / Principle

The instant bail application under Section 439 Cr.P.C. is allowed; 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 to the satisfaction of the learned trial Judge, and shall appear before the court concerned on all dates of hearing.

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Detailed headnote1 paragraphs

Criminal Misc. Bail Application (S.439 Cr.P.C.) – Accused Gursewak Singh held under FIR No.113/2024, P.S. Lalgarh Jatan, Dist. Ganganagar, for offences under Sections 8/21, 8/25 and 29 of the NDPS Act – Counsel pleaded that petitioner's case is not distinguishable from that of co-accused Ramandeep Singh @ Raman, already enlarged on bail by this Court on 30.07.2024 (S.B. Criminal Misc. Second Bail Application No.9627/2024); Addl. Government Advocate opposed – Court granted bail on ground of parity and in view of high probability that the trial would take long to conclude – Enlargement ordered subject to furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge and appearance on all dates of hearing – Order dt. 07/01/2025 (Farjand Ali, J.).

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[2025:RJ-JD:932]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 15113/2024

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Gursewak Singh S/o Shri Bhola Singh @ Karamjeet Singh, Aged About 33 Years, R/o W.no. 11, Chak 37 M.m.k. Morjhankhari, P.s. Sadul Shahar, Dist - Sriganganagar Raj. (Presently Lodged In Central Jail - Sri Ganganagar.)

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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. N.K. Sharma
	Mr. Durgesh Khatri
For Respondent(s)	: Mr. Surendra Bishnoi,Addl.G.A.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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07/01/2025

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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

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tabulated herein below:

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S.No.	Particulars of t	he Case
1.	FIR Number	113/2024
2.	Concerned Police Station	Lalgarh Jatan
3.	District	Ganganagar
4.	Offences alleged in the FIR	Under Section 8/21 of the NDPS Act
5.	Offences added, if any	Under Sections 8/25 and 29 of the NDPS Act
6.	Date of passing of impugned order	18.11.2024

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It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his

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[CRLMB-15113/2024]

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 and he has been made an accused based on conjectures and surmises. Learned counsel for the petitioner further submits that the co-accused Ramandeep Singh @ Raman S/o Shri Kashmir Singh (Bail Application No.9627/2024) has already been enlarged on bail by this Court vide order dated 30.07.2024. He further submits that case of the petitioner is not distinguishable with that of the case of the co-accused Ramandeep Singh who has already been enlarged on bail.

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Contrary to the submissions of learned counsel for the petitioner, learned Additional Government Advocate 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. The coaccused Ramandeep Singh @ Raman has already been enlarged on bail vide order dated 30.07.2024 passed in S.B. Criminal Misc. Second Bail Application No.9627/2024. Thus, on the ground of parity and considering the fact that there is high probability that the trial may take long time to conclude, 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

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[CRLMB-15113/2024]

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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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82-Ashutosh/-

Gursewak Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gursewak Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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What the court decided

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