Allowed

Udayram v. State

Rajasthan HC1 May 2023CRLMB/2467/2022

Case brief

AI extract

What is this about?

This order grants bail to the petitioner, Udayram, arrested for offenses under Sections 8 and 15 of the NDPS Act. The court noted the petitioner held an opium license and the contraband was recovered from his house for preservation due to lack of departmental guidance. Without commenting on merits, the bail application was accepted.

What did the court decide?

Accused-petitioner Udayram S/o Bhairu Lal Jat shall be released on bail upon furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Udayram Vs State — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/012686]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2467/2022

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Udayram S/o Bhairu Lal Jat, Aged About 45 Years, Devariya, P.S. Kapasan, Dist. Chittorgarh (Raj.).

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(At Present Lodged At District Jail, Chittorgarh).

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----Petitioner

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Versus

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State of Rajasthan through P.P.

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----Respondent

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For Petitioner(s) : Mr. Lokesh Mathur. For Respondent(s) : Mr. M.R. Pareek, Spl. P.P.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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01/05/2023

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.224/2021, registered at Police Station Kapasan, District Chittorgarh, for offence under Section 8/15 of the NDPS Act.

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Learned counsel for the petitioner submitted that the petitioner is holding a license for growing opium. Learned counsel further submitted that the contraband, above the authorized quantity could not be destroyed by the petitioner, for want of proper guidance from the Department of Narcotics in the year 2020-21. Learned counsel submitted that the petitioner did not misuse the contraband by selling it or otherwise. Lastly, it was submitted that the contraband was recovered from the house of

[2023/RJJD/012686]

[CRLMB-2467/2022]

(2 of 2)

the petitioner, where it was kept so as to preserve the same from being stolen. Learned counsel submitted that the petitioner is an innocent person and has falsely been implicated in this case. The petitioner is in judicial custody and the trial of the case is likely to take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Udayram S/o Bhairu Lal Jat arrested in connection with F.I.R. No.224/2021, registered at Police Station Kapasan, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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7-Prashant/-

Udayram v. State

Case brief

What is this about?

What did the court decide?

Udayram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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