Regular bail application under Section 439 Cr.P.C. for an accused arrested under Sections 8/20 NDPS Act on recovery of contraband below commercial quantity. The court allowed the application and ordered release on furnishing a personal bond and two sureties.
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[2024:RJ-JP:13112]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2611/2024
Akash S/o Gurai, Aged About 20 Years, R/o Village Dhanpura, Police Station Imadpur, District Beehta, Bihar, Presently Worker Malani Garment Factory, Sitapura Riico Area, Jaipur, (At Present Confined In Central Jail Jaipur)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through P.P.
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : Mr. Kishan Swami |
|
| For Respondent(s) | : Mr. C. G. Chopra-PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
15/03/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Akash S/o Gurai. The accused-petitioner has been arrested in connection with FIR No.126/2024 registered at Police Station Sanganer Sadar, Jaipur City (South) for the offence(s) under Section 8/20 of NDPS Act. Learned counsel for the petitioner submits that the narcotic contraband recovered in the matter, is below commercial quantity, therefore, the benefit of grant of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor vehemently opposes the grant of bail application.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the
[2024:RJ-JP:13112]
[CRLMB-2611/2024]
(2 of 2)
case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Akash S/o Gurai in connection with FIR No.126/2024 registered at Police Station Sanganer Sadar, Jaipur City (South) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the 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
42-Rahul Joshi
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C. where the recovered narcotic contraband is below commercial quantity?
2 provisions across 2 enactments
Akash S/o Gurai
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
