Court allowed bail to petitioner charged under NDPS Act, holding it just and proper to grant regular bail without interpreting merits of case, contingent on furnishing bond and appearing on future dates.
Release on bail with surety bond of Rs.1,00,000/- (personal Rs.1L + two sureties of Rs.50k 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/RJJP/002030]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
657/2023
Ramvilas S/o Gangaram, Aged About 42 Years, R/o Bhavpura, Police Station Sarthal, District Baran (Raj.) (Petitioner Is In District Jail Chabbra Baran)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Ms. Yasmeen Khan, Adv. Mr. Aayush Sharma, Adv. For Mr. Ali Mohd. Khan, Adv. For : Mr. C.G. Chopra, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
07/02/2023
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.151/2022 registered at Police Station Sarthal, District Baran for the offence(s) under Section(s) 8/21 of NDPS Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner further submits that the recovered
[CRLMB-657/2023]
[2023/RJJP/002030]
(2 of 2)
contraband is less than commercial quantity. He also submits that the accused-petitioner is in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Ramvilas S/o Gangaram shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
GAURAV SHARMA /84
1 issue framed by the court
Whether the petitioner can be released on regular bail in a charge sheet case involving NDPS offence?
2 provisions across 2 enactments
Ramvilas
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
