High Court allowed bail to Jagdish, arrested under NDPS Act for supplying MDMA, considering he has substantial grounds to question prosecution and no need for indefinite detention.
Petitioner released on bail upon furnishing personal and two surety bonds, appearing in trial court, and submitting bank/Aadhar details within stipulated time.
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:29411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7607/2024 Jagdish S/o Kalu Lal Bheel, Aged About 22 Years, R/o Indra Colony Raj Nagar, Police Station Raj Nagar, District Rajsamand (Raj.) (At Present Lodged In District Jail, Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Vikram Singh Jaitawat |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
19/07/2024
[2024:RJ-JD:29411]
[CRLMB-7607/2024]
(2 of 3)
Shankar Lal @ Chikki. 5. Having considered the material
available on record; the arguments advanced by counsel for the petitioner particularly the facts narrated above and the fact that petitioner is in custody since 21.05.2024; that bail rejection order goes to show that petitioner is not involved in any other case under the N.D.P.S. Act; that trial is likely to take its own considerable time and taking note of all these aspects I do not intend to go into the merits of the matter but of the considered view that the rigor of Section 37 of the N.D.P.S. act is duly satisfied, forasmuch this Court feels that the petitioner has available to him substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the petitioner in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.
[2024:RJ-JD:29411]
[CRLMB-7607/2024]
(3 of 3)
penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J
21-suraj/-
2 issues framed by the court
Whether bail can be granted to the accused charged under Section 8/29 of the NDPS Act despite strict limitations under Section 37.
Whether the rigor of Section 37 of the NDPS Act is satisfied given the available material and duration of custody.
4 provisions across 2 enactments
Jagdish S/o Kalu Lal Bheel
State Of Rajasthan, Through PP
Rajendra Prakash Soni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
