Allowed

Prakash v. State of Rajasthan

Rajasthan HC15 Nov 2022CRLMB/14577/2022

Case brief

AI extract

What is this about?

The Single Bench of the High Court at Jodhpur allowed a bail application under Section 439 Cr.P.C. in a case involving offences under Sections 8/15 of the NDPS Act. The court granted bail to the accused stating it was just and proper, provided he executes a personal bond with sureties.

What did the court decide?

Petitioner released on bail under Section 439 Cr.P.C. on execution of personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.

Prakash Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 14577/2022

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Prakash S/o Sh. Ganga Ram, Aged About 22 Years, R/o Punia Ki Piau Joliyali PS Jhanwar District Jodhpur Raj.

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(Presently Lodged At Dist. Jail Pratapgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) For Respondent(s)

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: Mr. Manish Kumar Pitalaya : Mr. Mukesh Trivedi, Public Prosecutor

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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15/11/2022

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The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 348/2022 registered at Police Station Chhotisadari, District Pratapgarh for the offence punishable under Sections 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985.

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Learned counsel for the petitioner submits that the recovered contraband is below commercial quantity. The accused petitioner is behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the

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(2 of 2)

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[CRLMB-14577/2022]

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merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Prakash S/o Sh. Ganga Ram shall be released on bail in connection with FIR No. 348/2022 registered at Police Station Chhotisadari, District Pratapgarh provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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.

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(MANOJ KUMAR GARG),J

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229-Mak/-

Prakash v. State of Rajasthan

Case brief

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Prakash v. State of Rajasthan

Case brief

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