Allowed

Salim Khan v. State of Rajasthan

Rajasthan HC4 Jan 2023CRLMB/3/2023

Case brief

AI extract

What is this about?

Holding that despite prosecution opposition, bail must be granted under Section 439 Cr.P.C. considering contraband quantity below commercial level and anticipated trial duration, directing release against bond of Rs.2,00,000/- with two sureties each of Rs.1,00,000/-.

What did the court decide?

Petitioner released on bail with personal bond of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each pending trial.

Salim Khan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 3/2023

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Salim Khan S/o Shahasvar Khan, Aged About 20 Years, R/o W.No. 7 Pirkamdiya P.S. Tibbi, District Hanumangarh.

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(At Present Lodged In Dist. Jail, Hanumangarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Achala Ram For Respondent(s) : Mr. Vikram Sharma, Public Prosecutor

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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04/01/2023

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The instant bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 635/2022 registered at Police Station Sangriya, District Hanumangarh for the offences punishable under Sections 8/21 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985.

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Learned counsel for the petitioner submits that the recovered contraband is below commercial quantity. The accused petitioner is behind the bars 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.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the

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(2 of 2) [CRLMB-3/2023]

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merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

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Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Salim Khan S/o Shahasvar Khan shall be released on bail in connection with FIR No. 635/2022 registered at Police Station Sangriya, District Hanumangarh provided he executes a personal bond in a sum of Rs.2,00,000/- 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.

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(MANOJ KUMAR GARG),J

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172-Mak/-

Salim Khan v. State of Rajasthan

Case brief

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Salim Khan v. State of Rajasthan

Case brief

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