This bail application was filed by Gopal under Section 439 Cr.P.C. regarding NDPS Act offences. The court, without expressing an opinion on merits or demerits, deemed it just and proper to enlarge the petitioner on bail pending final disposal.
Petitioner enlarged on bail on furnishing a personal bond of Rs.50,000/- and 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 BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5100/2022
Gopal S/o Onkarlal, Aged About 40 Years, R/o Rajpura Police Station Dug District Jhalawar (Raj.) (At Present In Sub Jail Bhawani Mandi District Jhalawar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
07/05/2022
This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.22/2020 registered at Police Station Mishroli, District Jhalawar for the offences under Sections 8/15 & 8/29 of NDPS Act.
Learned counsel for the petitioner submits that the alleged contraband has not been recovered from the petitioner and he has been made an accused only on the basis of the statement of other co-accused. Counsel further submits that as per rejection bail order, the petitioner has criminal antecedents of two cases, in which, he is on bail. The petitioner is behind the bars since 22.03.2022 and charge-sheet has already been filed. Counsel also submits that the anticipatory bail application of coaccused Jugraj Singh has already been granted by this Court vide
(2 of 2)
[CRLMB-5100/2022]
order dated 27.04.2022. Hence, the petitioner may kindly be released on bail.
Learned Government Advocate-cum-Additional Advocate General has opposed the bail application.
Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Gopal S/o Onkarlal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
Satyendra/15
1 issue framed by the court
Whether the petitioner should be enlarged on bail in connection with offences under the NDPS Act,
2 provisions across 2 enactments
Gopal S/o Onkarlal
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
