This order grants bail to three petitioners arrested under the NDPS Act. The High Court, without expressing an opinion on the merits, allowed the bail application upon execution of a personal bond with sureties.
Release of petitioners on bail upon execution of a personal bond of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- 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.
[2023/RJJD/004475]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1167/2023
----Petitioners
| State Of Rajasthan, | Versus Through Pp ----Responden |
|---|---|
| For Petitioner(s) | : Mr. Mala Ram, Uncle of the petitioners present inperson |
| For Respondent(s) | : Mr. S. K. Bhati,PP |
----Respondent
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order
08/02/2023
The petitioners have been arrested in connection with FIR No.25/2023 of Police Station Sadar Barmer, District Barmer for the offence punishable under Sections 8/18 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.
Mr. Mala Ram, uncle of the petitioners submits that the petitioners have falsely been implicated in the present case and the recovered contraband is below commercial quantity. The accused-petitioners are behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
[2023/RJJD/004475]
[CRLMB-1167/2023]
(2 of 2)
Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner- Mangi Lal is a habitual offender.
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 petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Prakash S/o Girdhari Ram (2)Kamlesh Luhar S/o Lobhchand Luhar (3) Mangi Lal S/o Khartha Ram shall be released on bail in connection with FIR No.25/2023 of Police Station Sadar Barmer, District Barmer provided they execute a personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MADAN GOPAL VYAS),J
47-nidhi/-
1 issue framed by the court
Whether the bail application filed by the accused under Section 439 Cr.P.C. should be allowed given their arrest for offences under the NDPS Act.
2 provisions across 2 enactments
Prakash S/o Girdhari Ram
Kamlesh Luhar S/o Lobhchand Luhar
Mangi Lal S/o Khartha Ram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
