Single Judge bench allowed bail to the accused in an NDPS offence case. The court noted no recovery was made from the petitioner and the quantity recovered was below commercial threshold, deeming a long trial.
Petitioner ordered to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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[2023/RJJD/008857]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3467/2023
Rajesh Kumar S/o Sh. Vishwanath Prasad, aged about 28 Years, Mussaila, Mohanpur Police Station, Dist. Gaya (Bihar). (Lodged in Central Jail Jodhpur).
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Tanay Jain for Mr. B.R. Bishnoi For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
05/04/2023
The instant bail applications have been filed on behalf of accused-petitioner Rajesh Kumar under Section 439 Cr.P.C. against the order the order impugned passed by learned Court below in connection with FIR No.119/2022 registered at Police Station Dangiawas, District Jodhpur for the offence(s) punishable under Sections 8/18 & 8/29 of the NDPS Act.
Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. Accusedpetitioner is in custody since the date of his arrest. No recovery has been made from the accused-petitioner. Accused-petitioner has been implicated in the case on the basis of statements of the main/co-accused and there is no reliable material available on record to connect the petitioner with the alleged offence. The contraband recovered is below the commercial quantity. Trial of
[2023/RJJD/008857]
[CRLMB-3467/2023]
(2 of 2)
the case will take much time, therefore, no useful purpose would be served by keeping the petitioner behind the bars.
Learned Public Prosecutor has vehemently opposes the bail application.
Heard. Considering the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
Having regard to the totality of the facts and circumstances of the case and also taking into consideration that the contraband article recovered is below the commercial quantity. Trial of the case may take long time. I deem it just and proper to grant bail to the accused-petitioner.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Rajesh Kumar S/o Sh. Vishwanath Prasad shall be released on bail provided he furnishes personal bond in the sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
206-Dharmendra/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. in a case involving offences under the NDPS Act where recovered contraband is below commercial quantity.
2 provisions across 2 enactments
Rajesh Kumar S/o Sh. Vishwanath Prasad
State of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
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