High Court allowed bail to the petitioner under Section 439 Cr.P.C. in an NDPS case involving contraband below commercial quantity, directing release on personal bond with sureties.
Petitioner to be released on bail with a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/011099]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4273/2023
Narendra Kumar S/o Mangilal, Aged About 35 Years, Buchhabas, P.s. Bhalori, Dist. Churu, At Present R/o W.no. 7, Kumana Bas, Teh. Lunkaransar, Dist. Bikaner. (Presently Lodged At Dist. Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Kunal Bishnoi |
|---|---|---|
| For Respondent(s) | : Mr. |
Mahipal Bishnoi,P.P. |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
20/04/2023
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.101/2023 of Police Station Lunkaransar, District Bikaner for the offence punishable under Section 8/18 of the NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
Learned counsel for the petitioner submits that narcotic contraband recovered in the matter is below commercial quantity. Learned Public Prosecutor opposes the grant of bail application.
Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without
(2 of 2)
[2023/RJJD/011099]
[CRLMB-4273/2023]
commenting on the merits, the bail application of the petitioner under Section 439 Cr.P.C. deserves to be allowed.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Narendra Kumar S/o Mangilal shall be released on bail in connection with FIR No.101/2023 of Police Station Lunkaransar, District Bikaner provided he executes a personal bond in a sum of Rs.1,00,000/(Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) 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.
(PRAVEER BHATNAGAR),J
187-Taruna/-
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with FIR No.101/2023 for offences under Sections 8 and 18 of the NDPS Act.
2 provisions across 2 enactments
Narendra Kumar S/o Mangilal
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
