Rajasthan High Court
CRLMB/15854/2020 of ANKIT PARASHAR S/O SHRI RAMESH CHANDRA PARASHAR Vs STATE OF RAJASTHAN on 18 December 2020
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15397/2020 Raviprakash S/o Ramlal, Aged About 24 Years, R/o Ward No.14, Sumerganj Mandi, Indragarh, Police Station Indragarh, District Bundi. (At Present Confined in Central Jail Jaipur)
HIGH COURT OF JUDICATURE FOR RAJASTHAN
S.B. Criminal Miscellaneous Bail Application No. 15397/2020
Raviprakash S/o Ramlal, Aged About 24 Years, R/o Ward No.14,Sumerganj Mandi, Indragarh, Police Station Indragarh, DistrictBundi. (At Present Confined in Central Jail Jaipur)
----Accused-Petitioner
Versus
State of Rajasthan, Through PP
----Non-PetitionerConnected With
S.B. Criminal Miscellaneous Bail Application No. 15853/2020
Wazid S/o Samsuddin, Aged About 24 Years, R/o Ward No-8,Sumerganj Mandi, Indragarh, Police Station Indragarh, DistrictBundi. (At Present Accused is Confined in Central Jail Jaipur)
----Accused-Petitioner
Versus
State of Rajasthan, Through P.P.
----Non-Petitioner
S.B. Criminal Miscellaneous Bail Application No. 15854/2020Ankit Parashar S/o Shri Ramesh Chandra Parashar, Aged About27 Years, R/o Ward No.10, Sumerganj Mandi, Near RailwayStation, Indragarh, Police Station Indragarh, District Bundi. (AtPresent Confined in Central Jail Jaipur)
----Accused-Petitioner
Versus
State of Rajasthan, Through PP
----Non-Petitioner
For Petitioner(s) : Mr. Anshul Sharma, through VC,Mr. Anupam Sharma, through VCFor Respondent(s): Mr. Atul Sharma, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
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Order
18/12/2020
The present bail applications have been filed under Section439 Cr.P.C. The petitioners have been arrested in connection withFIR No.250/2020 registered at Police Station Ramnagariya,District Jaipur City (East) for the offence under Section(s) 8/20,8/21 & 8/25 of NDPS Act.
It is contended by learned counsels for the petitioners thatthey have falsely been implicated in this case. They submitted thatthe contraband allegedly recovered from their possession is lessthan commercial quantity. They submitted that the petitioners arein custody since 08.11.2020, they have no criminal antecedents oflike nature, co-accused persons namely, Jahid and Shahrukh havebeen extended benefit of bail by this Court vide order dated07.12.2020 and prayed for their release on bail.
Learned Public Prosecutor has opposed the bail applications.
Taking into consideration the submissions advanced bylearned counsels for the petitioners, the nature of allegationsagainst them, their length of custody, absence of criminalantecedents and release of co-accused persons on bail by thisCourt; but, without expressing any opinion on the merits of thecase, this court deems it just and proper to enlarge the petitionerson bail.
Accordingly, the bail applications are allowed and it isdirected that accused-petitioners 1. Raviprakash S/o Ramlal, 2.Wazid S/o Samsuddin & 3. Ankit Parashar S/o Shri RameshChandra Parashar shall be released on bail under Section 439Cr.P.C. in connection with afore-mentioned FIR registered atconcerned Police Station, provided each of them shallfurnish apersonal bond in the sum ofRs.1,00,000/- (Rupees One Lac only)together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only)eachto the satisfaction of the trial court with thestipulation that theyshall comply with all the conditions laid downunder Section 437(3) Cr.P.C.
However, looking to the nature of offence and their criminalrecord, it is made clear that in case the petitioners are foundinvolved in offence(s) of similar nature in future, the learned trialCourt shall be at liberty to cancel the benefit of bail extended tothem by this Court.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /192, 193 & 194
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