High Court granted bail to the petitioner who was facing trial for offences under the NDPS Act where opium milk below commercial quantity was recovered, directing release on personal bond with sureties.
Petitioner to be released on bail with a personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each for appearance in trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4538/2022
Ramesh Kumar S/o Kishanaram Ji, Aged About 27 Years, R/o Kotda Ps Karda Tehsil Raniwada Dist. Jalore (Presently Is In J.c. In Sub Jail Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. M.L. Bishnoi | |
| For Respondent(s) | : | Mr. Javed Gauri, | PP |
| Mr. Shubhkaran, | Dy.S.P,Gudamalani |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/11/2022
The bail application has filed by the petitioner under 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.104/2021 of Police Station Karda, District Jalore, for the offence punishable under Sections 8/17, 18 of NDPS Act.
Learned counsel for the petitioner submits that 720 opium milk has been recovered from the possession of the present petitioner, which is below commercial quantity. Challan of the case has been presented. The accused-petitioner is in judicial custody 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.
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-4538/2022]
case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ramesh Kumar S/o Kishanaram Ji, shall be released on bail in connection with FIR No.104/2021 of Police Station Karda, District Jalore, 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.
(MANOJ KUMAR GARG),J
9-raksha/-
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under sections 8, 17 and 18 of the NDPS Act.
Whether the bail application is maintainable under Section 439 Cr.P.C.
2 provisions across 2 enactments
Ramesh Kumar S/o Kishanaram Ji
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
