Single judge allowed bail to an accused in a bypass drug case involving below commercial quantity, granting conditional release on personal and surety bonds if not sought in other pending cases.
Petitioner released on bail with a personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each, conditioned on not being wanted in other cases.
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:28051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7051/2024
Laxman Ram S/o Sh Khangar Ram, Aged About 34 Years, R/o Ramdawas Kalla, Police Station Kaparda, Distt Jodhpur Raj. ( Lodged In Central Jail , Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Bhagirath RayBishnoi |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/07/2024
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.67/2024 registered at Police Station Kaparda, District Jodhpur, for offence under Section 8/21 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the contraband recovered from the petitioner is below commercial quantity. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accusedpetitioner.
Per contra, learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-7051/2024]
[2024:RJ-JD:28051]
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Laxman Ram S/o Sh Khangar Ram arrested in connection with F.I.R. No.67/2024 registered at Police Station Kaparda, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
313-mohit/-
2 issues framed by the court
Whether the petitioner should be released on bail in a NDPS case involving below commercial quantity where the trial will take sufficient time.
Whether the bond conditions imposed by the court are satisfactory.
2 provisions across 2 enactments
Laxman Ram
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
