The High Court granted bail to the petitioner arrested for offences under the NDPS Act involving Mephedrone below commercial quantity, directing release on a personal bond with sureties.
Petitioner released on bail for Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 238/2023
Fardeen Khan S/o Shahnawaj Khan, Aged About 19 Years, Kotri, P.S. Arnod, Dist. Partapgarh (Raj.). (Presently Lodged In Dist. Jail, Partapgarh).
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/01/2023
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in FIR No.31/2022 of Police Station Dhamoter, District Partapgarh for the offences punishable under Sections 8/21, 22 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that this Court vide order dated 21.02.2022 has granted bail to accused person namely Faizal while observing that as per the FSL report, the recovered narcotic contraband in the matter i.e Mephedrone is below commercial quantity.
Learned Public Prosecutor has opposed the bail application, however, he is not in a position to disputes the above fact.
(2 of 2) [CRLMB-238/2023]
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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Fardeen Khan S/o Shahnawaj Khan shall be released on bail in connection with FIR No.31/2022 of Police Station Dhamoter, District Partapgarh provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- 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.
(VIJAY BISHNOI),J
66-Arun/-
2 issues framed by the court
Whether bail ought to be granted to the accused in a narcotics case involving Mephedrone below commercial quantity.
Whether the petitioner is entitled to release on bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Fardeen Khan
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
