Hon'ble Mr. Justice Madan Gopal Vyas granted bail to petitioner Suresh Kumar arrested in connection with NDPS Act offences for false implication and co-accused being on bail, directing release on personal bond with sureties.
Petitioner released on bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000/- each.
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[2023/RJJD/008728]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2643/2023
Suresh Kumar S/o Kishna Ram, Aged About 25 Years, R/o Charniyo Ki Dhani, Punasa, Tehsil Bhinmal, Distt. Jalore. (Confined In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Teja Ram For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
05/04/2023
The petitioner has been arrested in connection with FIR No.69/2023 of Police Station Jalore Kotwali, District Jalore for the offences punishable under Sections 8/21, 8/25 and 8/29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that recovered contraband is below commercial quantity. It is also submitted that co-accused Bhanwarlal has already been enlarged on bail by this Court vide order dated 28.03.2023. The accusedpetitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accusedpetitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application.
[2023/RJJD/008728]
[CRLMB-2643/2023]
(2 of 2)
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Suresh Kumar S/o Kishna Ram shall be released on bail in connection with FIR No. 69/2023 of Police Station Jalore Kotwali, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- 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.
(MADAN GOPAL VYAS),J
85-Bharti/-
1 issue framed by the court
Whether the accused petitioner is entitled to bail under Section 439 Cr.P.C. considering the commercial quantity and status of co-accused.
2 provisions across 2 enactments
Suresh Kumar S/o Kishna Ram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
