Single judge allowed bail to the petitioner accused under NDPS Act, finding the contraband quantity less than commercial and no prior record, despite opposition by Public Prosecutor, directin release on personal bond and sureties with intrest in custody conditions.
Release on bail with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4019/2021
Pradeep S/o Halke, Aged About 34 Years, R/o Rajor P.S. Keladevi District Karauli Rajathan (Presently Confined In Karauli Jail Distt. Karauli)
----Accused-Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. A.R. Meena, through VC For Respondent(s) : Mr. Pankaj Agarwal, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
19/04/2021
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.49/2021 registered at Police Station Sadar Karauli, District Karauli for the offence under Section(s) 8/21 of NDPS Act.
Learned counsel for the petitioner contended that the contraband allegedly recovered from his possession is less than commercial quantity. He submitted that the petitioner is in custody since 17.02.2021, he has no criminal antecedents of similar nature and prayed for his release on bail. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody, contraband recovered from his possession being less than commercial quantity and absence of
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[CRLMB-4019/2021]
criminal antecedents of similar nature; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Pradeep S/o Halke shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /06
1 issue framed by the court
Whether the petitioner is entitled to bail considering the quantity of drugs and length of custody.
2 provisions across 1 enactments
Pradeep S/o Halke
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
