Rakesh S/O Kaluram vs State Of Rajasthan
2021 Latest Caselaw 54 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No.
                               8693/2020

Rakesh S/o Kaluram, Aged About 28 Years, R/o 55, Heera Nagar,
Jhalamand Bypass, Ps Kudi Bhagatasani, Tehsil And District
Jodhpur, Rajasthan. (Accused Presently Confined In Central Jail,
Ajmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman with Mr. Rajveer Singh, through VC For NCB : Mr. Tej Prakash Sharma, through VC

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/01/2021

1. Petitioner has filed this bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 1/2020 was registered at Police Station Narcotics

Control Bureau (NCB), Kota for offence under Sections 8/18(B) of

NDPS Act.

3. It is contended by counsel for the petitioner that no recovery

has been effected from the petitioner. Petitioner has been made an

accused only because from his mobile, a call was made to the

main accused in this case. It is also contended that the second FIR

was lodged on 15th June, whereas he was taken in custody on 14th

of June in this case.

(2 of 2) [CRLMB-8693/2020]

4. Counsel for the NCB has opposed the bail application. It is

contended that bail of the main accused has been rejected. There

is evidence to the effect that petitioner was constantly in contact

with the main accused and that the contraband was being

transported on his instance. It is also contended that in another

FIR, which also pertains to the commercial quantity, charge-sheet

has been filed against the petitioner.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the NCB,

I am not inclined to entertain the bail application.

7. This bail application is accordingly dismissed

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /17

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