The High Court granted bail to the petitioner Jayesh, a first-time offender in judicial custody, in a second application for offences under the NDPS Act. The court noted no recovery was made from him personally.
Petitioner to be released on bail by executing a personal bond of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 205/2023
Jayesh S/o Mani Lal, Aged About 30 Years, R/o Chawand Sadar Baar P.S. Sarada Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Tarun Dhaka |
|---|---|
| For Respondent(s) | : Mr. M.S. Bhati,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/01/2023
The petitioner has been arrested in connection with FIR No.258/2022 of Police Station Surajpole, Distt. Udaipur for the offence punishable under Sections 8/22, 8/25 and 29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C. The first bail application was dismissed as not pressed by this Court vide order dated 23.11.2022.
Counsel for the petitioner submits that the recovery was made from the possession of Ashraf Mansuri and Soyab Sheikh and they gave statement that they purchased the contraband from co-accused Mohammad Aslam and the petitioner was merely registered owner of the motorcycle. It is further submitted that no recovery was made from the possession of the present petitioner. Challan of the case has already been presented and no other criminal antecedent against the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient
(2 of 2)
[CRLMB-205/2023]
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.
Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Jayesh S/o Mani Lal, shall be released on bail in connection with FIR No.258/2022 of Police Station Surajpole, Distt. Udaipur 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.
(MANOJ KUMAR GARG),J
94-Ishan/-
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody pending trial for offences under the NDPS Act.
2 provisions across 2 enactments
Jayesh S/o Mani Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
