Held bail application allowed. Petitioner, arrested under NDPS Act, was granted bail as recovered contraband was below commercial quantity and trial would take long, provided sureties were executed.
Released on bail with personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 822/2022
Hemant Kumar @ Laddu S/o Baldev Singh, Aged About 30 Years, R/o Ward No. 20 Lalgarh Jatan District Sri Ganganagar. (At Present In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Jitendra Ojha |
|---|---|---|
| For Respondent(s) | : Mr. |
Anees Bhurat,PP. |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/05/2022
The petitioner has been arrested in connection with FIR No.01/2022 of Police Station Javaharnagar, Distt. Sri Ganganagar for the offence punishable under Section 8/21 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that the recovered contraband is below commercial quantity and challan of the case has already been presented. The accused-petitioner is in judicial custody since 01.01.2022 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 case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
(2 of 2)
[CRLMB-822/2022]
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Hemant Kumar @ Laddu S/o Baldev Singh, shall be released on bail in connection with FIR No. 01/2022 of Police Station Javaharnagar, Distt. Sri Ganganagar provided he executes a personal bond in a sum of Rs.2,00,000/each 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
7-Ishan-raksha/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner charged for offences under Section 8/21 of NDPS Act.
2 provisions across 2 enactments
Hemant Kumar @ Laddu
State
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
