A bail application under Section 439 Cr.P.C. by a petitioner arrested for supplying narcotic contraband under the NDPS Act was allowed, directing his release upon execution of a personal bond and sureties.
Petitioner granted bail under Section 439 Cr.P.C. to execute personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8311/2019
Junaid S/o Aziz Khan, Aged About 24 Years, B/c Muslman, R/o Badi Holi Kanch Ki Masjid, At Present R/o Ward No 26 Sitamau Fatek Mandsaur,ps And Distt. Mandsaur (Mp) ( At Present Lodged In Distt. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
17/07/2019
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.397/2017 of Police Station Sadar Nimbahera, Distt. Chittorgarh for the offence(s) punishable under Section(s) 8/21 and 29 of the NDPS Act. He/she/they has/have preferred this/these bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he supplied narcotic contraband to co-accused persons namely Sardar Khan and Sarwar Ahamad, which is below commercial quantity. It is further submitted that co-accused persons
(2 of 2)
[CRLMB-8311/2019]
namely Sardar Khan and Sarwar Ahamad have already been enlarged on bail by this Court.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Junaid S/o Aziz Khan shall be released on bail in connection with FIR No.397/2017 of Police Station Sadar Nimbahera, Distt. Chittorgarh provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
74-msrathore/-
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under the NDPS Act.
2 provisions across 2 enactments
Junaid S/o Aziz Khan
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
