Single Judge Order granting regular bail to the petitioner accused under NDPS Act sections 8/18, finding it just and proper to release him as the contraband was less than commercial quantity, without assessing merits of the case.
Accused-petitioner released on bail by furnishing personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- 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-JP:25115]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
4747/2024
Rahul S/o Kashiram, Aged About 22 Years, R/o Ramsara, Police Station Sadar Churu, District Churu, Rajasthan. (At Present Confined In Sub Jail Fatehpur Shekhawati, District Sikar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bharat Yadav, Adv. For : Mr. Sanjeev Mahla, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
27/05/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.82/2024 registered at Police Station Fatehpur Kotwali, District Sikar for the offence(s) under Section(s) 8/18 of NDPS Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that the alleged contraband recovered in the present case is less than commercial
[2024:RJ-JP:25115]
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quantity. Learned counsel also submits that the accused-petitioner has been 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 and the fact that the recovery of alleged contraband in the present case is less than commercial quantity, 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 Rahul S/o Kashiram 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 /51
2 issues framed by the court
Whether the petitioner is entitled to bail considering the recovery is less than commercial quantity and custody duration.
Whether the High Court should assume merits in a bail application.
2 provisions across 2 enactments
Rahul S/o Kashiram
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
