In this bail application regarding an NDPS offence, the High Court of Rajasthan, Jodhpur, granted bail to the petitioner, directing his release on a personal bond with two sureties upon execution before the trial court.
Petitioner released on bail via personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8478/2019
Rakesh S/o Hadmana Ram Saran Bishnoi, Aged About 19 Years, R/o Sarano Ki Dhani Palli, P.s. Matoda, Tehsil Osian, Dist. Jodhpur. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hanuman Khokhar For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/07/2019
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.71/2019 of Police Station Nikumbh, District Chittorgarh for the offences punishable under Sections 8/15 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that narcotic contraband poppy straw alleged to have been recovered from the petitioner is 15 kgs, which is below commercial quantity.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
(2 of 2)
[CRLMB-8478/2019]
case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rakesh S/o Hadmana Ram Saran Bishnoi shall be released on bail in connection with FIR No.71/2019 of Police Station Nikumbh, District Chittorgarh provided he executes a personal bond in a 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 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
Surabhii/74-
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in an NDPS offence alleged to be below commercial quantity.
2 provisions across 2 enactments
Rakesh S/o Hadmana Ram Saran Bishnoi
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
