Petitioner sought bail for offence under NDPS Act. Court ordered release on bail without expressing opinion on merits, subject to Trial Court instructions.
Petitioner admitted to bail subject to satisfaction of the Trial Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 9910/2018
Nihal@nishu S/o Shri Amer Singh B/c Kalal, R/o Budhar Colony 60 Feet Road Police Station N.e.b. Distt. Alwar (Raj.) (Accused Petitioner Is In Judicial Custody In Jail Alwar)
----Petitioner
Versus
State Of Rajasthan Through P.P.
----Respondent
For Petitioner(s) : Mr. Manish Gupta Adv. For State : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
08/08/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No.408/2018 registered at Police Station N.E.B. District Alwar for offence under Sections 8/21 and 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that 23.10 grams Smack was recovered from the co-accused Vikas Agarwal. The said co-accused has been granted bail by Co-ordinate Bench of this Court. So far as the petitioner is concerned, it is the prosecution case that shining paper was recovered from the petitioner and he was trying to inhale the contraband. Petitioner is in custody since 25.06.2018. Petitioner is not involved in any other criminal case.
(2 of 2)
[CRLMB-9910/2018]
Learned State Counsel has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly. without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail
subject to satisfaction of the Trial Court.
(SABINA),J
S.Kumawat/72
1 issue framed by the court
Whether the petitioner is eligible for regular bail in the present case under Section 439 Cr.P.C.
1 provisions across 1 enactments
Nihal@nishu
State Of Rajasthan
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
