Allowed

Ashok v. State of Rajasthan

Rajasthan HC9 May 2023CRLMB/2688/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Farjand Ali allowed the second bail application filed by the accused petitioner under Section 439 Cr.P.C. The court granted bail noting that the contraband recovered was below commercial quantity and the accused had been in custody for seven months, without expressing an opinion on the merits. The petitioner must execute a bond with sureties.

What did the court decide?

Bail granted subject to execution of a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each.

Ashok Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

¶1

[2023/RJJD/014324]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous II Bail Application No. 2688/2023

¶4

Ashok S/o Leeladhar, Aged About 28 Years, Mandala Khurd, P.s. Phalodi, Dist. Jodhpur (Raj.). (At Present Lodged In Central Jail, Jodhpur).

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, through PP

¶8

----Respondent

¶9

For Petitioner(s) : Mr. D.L.R. Vyas For Respondent(s) : Mr. A.R. Choudhary, P.P.

¶10

HON'BLE MR. JUSTICE FARJAND ALI

¶11

Order

¶12

09/05/2023

¶13

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

¶14

The petitioner has been arrested in connection with FIR No. 404/2022 of Police Station Phalodi, District Jodhpur for the offences punishable under Section 8/22 of N.D.P.S. Act. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner submits that the contraband recovered from the accused applicant is below commercial quantity. Accused applicant is behind the bars from last seven months. Therefore, he prays to release the accused applicant on bail.

¶15

Learned Public Prosecutor has opposed the bail application.

¶16

Having regard to the totality of the facts and circumstances of the case, particularly looking to the fact that the contraband recovered is below commercial quantity, in the peculiar facts and

(2 of 2)

[2023/RJJD/014324]

[CRLMB-2688/2023]

circumstances of the matter, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶21

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Leeladhar, shall be released on bail in connection with FIR No.404/2022 of Police Station Phalodi, District Jodhpur 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.

¶22

(FARJAND ALI),J

¶23

212-AnilKC/-

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravindrakumar Sharma Vs Gautam Bohra

Sohan @ Sonu Vs State of Rajasthan

Sohan @ Sonu Vs State of Rajasthan

Manju Devi Vs State of Rajasthan

Manohar Singh Vs State of Rajasthan

Jaypal Singh Vs State of Rajasthan