The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for a petitioner arrested in an N.D.P.S. case, noting that contraband recovered from a co-accused was below commercial quantity and that co-accused was already on bail.
Petitioner released on bail via personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. Bail Application No. 7155/2022
Ashok Kumar S/o Shri Jora Ram, aged about 28 years, R/o Jamba Ki Dhani, Ridmalsar, P.S. Jamba, District Jodhpur. (At present lodged in District Jail, Hanumangarh).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Kailash Khilery : Mr. S.S. Rajpurohit, Dy.G.C.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
12/07/2022
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 48/2022 registered at Police Station Goluwala, District Hanumangarh for the offence under Section 8/15 of the N.D.P.S. Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that as per prosecution story, recovery of 6.400 kgs. of poppy straw was made from the co-accused Seema Rani, who has already been enlarged on bail by a coordinate Bench of this Court vide Order dated 01.04.2022. On the above ground, he prays that the petitioner may also be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-7155/2022]
Having regard to the submissions made by learned counsel for the parties as also looking to the facts and circumstances of the case particularly the fact that recovery of contraband is below commercial quantity from the co-accused Seema Rani, who has already been released on bail, without commenting on merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner – Ashok Kumar S/o Jora Ram arrested in connection with F.I.R. No. 48/2022 registered at Police Station Goluwala, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(RAMESHWAR VYAS),J
39-Inder/-
1 issue framed by the court
Whether the petitioner is entitled to bail in the N.D.P.S. case where the recovery is deemed below commercial quantity against a co-accused already on bail.
1 provisions across 1 enactments
Ashok Kumar
State of Rajasthan
Rameshwar Vyas
As recorded by the court registry
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