High Court at Jodhpur allowed bail to Amar Chand arrested under NDPS Act. Court held it just and proper to release him on personal bond with sureties pending trial.
Petitioner enlarged on bail in FIR No.204/2022 by 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. 2/2023
Amar Chand S/o Shri Lakha Lal Banjara, Aged About 37 Years, R/o Vill. Peepali Dodiyan Ps Railmagara Dist. Rajsamand Raj. (Presently Lodged In Sub Jail Bali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/01/2023
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.204/2022 Police Station Sadari, District Pali for the offence punishable under Section 8/15 of the NDPS Act.
Learned counsel for the petitioner submits that recovered contraband is below commercial quantity. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
(2 of 2) [CRLMB-2/2023]
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 - Amar Chand S/o Shri Lakha Lal Banjara, shall be enlarged on bail in F.I.R. No.204/2022 Police Station Sadari, District Pali provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two 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
229-Rashi/-
1 issue framed by the court
Whether bail should be granted to the petitioner accused of drugs offence under Section 8/15 of NDPS Act considering contraband is below commercial quantity.
2 provisions across 2 enactments
Amar Chand S/o Shri Lakha Lal Banjara
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
