The High Court of Rajasthan allowed a bail application filed by the petitioner charged under the NDPS Act. Relying on factors like the quantity of contraband and lengthy trial, the court granted bail subject to a personal bond with sureties.
Bail granted on personal bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 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.
[2024:RJ-JD:24314]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4181/2024
Gehari Lal @ Kailash Dangi S/o Khemraj Dangi, Aged About 35 Years, R/o Dhamniya, Ps Vallabhnagar, Dist Udaipur (Lodged In Dist Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikram Singh Jaitawat For Respondent(s) : Mr. Mukesh Trivedi, PP with Ms. Kamla Goswami
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/05/2024
The petitioner has been arrested in connection with FIR No.583/2023 registered at Police Station Subhash Nagar, District Bhilwara for the offence punishable under Sections 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that recovered contraband is below commercial quantity and there are no criminal antecedents against the petitioner. The challan of the case has already been presented. The accused-petitioner is in judicial custody since 30.01.2024 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor opposed the bail application filed by the petitioner.
(2 of 2)
[2024:RJ-JD:24314]
[CRLMB-4181/2024]
I have considered the arguments advanced before me and perused the material on record.
Having regard to facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is hereby allowed and it is directed that the petitioner- Gehari Lal @ Kailash Dangi S/o Khemraj Dangi shall be released on bail in connection with FIR No.583/2023 registered at Police Station Subhash Nagar, District Bhilwara provided he executes personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
74- Arjun /-
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Section 8 of the NDPS Act where the recovered contraband is below commercial quantity?
Whether the long pending trial and lack of criminal antecedents warrant the release of the petitioner on bail under Section 439 Cr.P.C.?
2 provisions across 2 enactments
Gehari Lal @ Kailash Dangi
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
