Single-judge High Court of Rajasthan ordered bail under Section 439 Cr.P.C. for an accused charged under the NDPS Act after counsel submitted that the recovered quantity was below commercial limits and no drugs were recovered from his possession.
Grants bail on personal bond of Rs. 50,000 with two sound and solvent sureties each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10896/2022
Rakesh Kumar S/o Phool Chand, Aged About 37 Years, R/o Nethrana, Teh. Bhadra Dist. Hanumangarh. (At Present Lodged In Sub Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ganga Ram Bhari For Respondent(s) : Mr. S.K. Mehar, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
23/08/2022
The instant bail application has been filed under Section 439 Cr.P.C. by the applicant for grant of bail in connection with FIR No.201/2022, registered at Police Station Gogamedi, District Hanumangarh, for offences punishable under Sections 8/21 & 29 of the NDPS Act.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the applicant submits that alleged reocvery of 12 grams heroin from the co-accused Naresh is below commercial quantity. No recovery has been made from the possession of the present applicant. In view of the above circumstances, learned counsel for the applicant prays to allow the bail application.
(2 of 2)
[CRLMB-10896/2022]
Learned Public Prosecutor opposes the grant of bail application.
Having regard to the rival submissions made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-applicant on bail under Section 439 Cr.P.C.
Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the applicant Rakesh Kumar S/o Phool Chand, who is in custody in connection with FIR No.201/2022, registered at Police Station Gogamedi, District Hanumangarh, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS),J
69-Samvedana/-
1 issue framed by the court
Whether bail should be granted to the accused facing NDPS charges involving a co-accused whose possession contained heroin recovery.
1 provisions across 1 enactments
Rakesh Kumar
State Of Rajasthan
Rameshwari Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
