This judgment allowed a bail application filed by an accused charged under the NDPS Act. The court observed that the recovered contraband was less than commercial quantity and granted regular bail upon personal bond.
Petitioner ordered to be released on bail on furnishing Rs.1,00,000/- bond with two 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/RJJP/003663]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
2197/2023
Girwar Son of Late Shri Ramji Lal, Aged About 76 Years, Resident Of Khediya Thana Sadar Hindaun District Karauli, Rajasthan.(At Present Confined At District Jail Karauli)
----Petitioner
Versus
State of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. Man Singh (present in |
|---|---|
| person), son of accused- petitioner |
|
| For | : Mr. Ghan Shyam Singh |
| Respondent(s) | Rathore, GA-cum-AAG |
| Mr. Sanjeev Mahala, P.P. |
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
03/03/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.68/2023 registered at Police Station Hindaun, District Karauli for the offence(s) under Section(s) 8/21 & 8/29 of NDPS Act.
Mr. Man Singh, son of accused-petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. He further
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submits that co-accused namely Hemraj, from whom recovery has been effected has already been enlarged on bail by this Court and the contraband allegedly recovered from the possession of the accused-petitioner is less than commercial quantity. He also submits that the accused-petitioner has no criminal antecedents. It is further submitted that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that the contraband allegedly recovered from the possession of the accused-petitioner is less than commercial quantity, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Girwar S/o Late Shri Ramji Lal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the
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trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do
so.
(UMA SHANKER VYAS),J
DANISH USMANI /60
1 issue framed by the court
Whether petitioner accused in NDPS offence should be released on regular bail considering contraband recovered is less than commercial quantity.
1 provisions across 1 enactments
Girwar Son of Late Shri Ramji Lal
State of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
