A bail application under Section 439 Cr.P.C. by an accused charged under the NDPS Act. The court released the petitioner on bail furnishing a personal bond of Rs. 1 lakh with two sureties of Rs. 50,000 each for appearance before the trial court.
Bid for bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each for appearance before trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6621/2022
Dhanraj Dhakad S/o Shri Shambhulal Dhakad, Aged About 36 Years, R/o Chandakheda PS Begu District Chittorgarh (Raj.) (At Present Lodged At Dist. Jail Bhilwara)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Swaroop Singh Sisodia. For Respondent(s) : Mr. A.R. Choudhary, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/07/2022
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No. 144/2020, Police Station Kachhola, District Bhilwara, for the offence punishable under Section 8/29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Learned counsel for the petitioner submits that similarly situated co-accused, namely, Veerbhan @ Beerbhan Rebari S/o Bagh @ Bhag Ji (main accused), Anil Kumar Meena S/o Bajranglal Meena and Balram Jat S/o Hari Ram, has already been granted bail by the co-ordinate Bench/s of this Court and the case of the present is not disginguishable from those of the co-accused persons. The petitioner is in judicial custody since long and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
(2 of 2)
[CRLMB-6621/2022]
Per contra, l earned Public Prosecutor has vehemently opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Dhanraj Dhakad S/o Shambhulal Dhakad , shall be enlarged on bail in F.I.R. No. 144/2020, Police Station Kachhola, District Bhilwara, provided he furnishes a personal bond in the sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
73-Mohan/-
1 issue framed by the court
Whether the bail application of the accused-petitioner in connection with offences under Section 8/29 of the NDPS Act should be allowed.
2 provisions across 2 enactments
Dhanraj Dhakad
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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