Second bail application under Section 483 BNSS by accused arrested under Sections 8/20 and 29 of NDPS Act after challan was filed; court granted bail without expressing opinion on merits, subject to furnishing a personal bond with two sureties.
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:26712]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8259/2024
Rakesh S/o Shri Madan Lal, Aged About 26 Years, R/o Malani Bas, Ward No. 07, Nokha, P.s. Nokha Presently Bhato Ka Bas, P.s. Naya Shahar, Dist. Bikaner (Presently Lodged In Dist. Jail, Bikaner)
----Petitioner
| Versus | |
|---|---|
| State Of Rajasthan, | Through Pp ----Respondent |
| For Petitioner(s) | : Mr. Deepak Kumar Mr. Kamal Kishor |
| For Respondent(s) | : Mr. Shrawan Kumar,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
03/07/2024
The petitioner has been arrested in connection with FIR No.413/2023 of Police Station Naya Shahar, District Bikaner, for the offence punishable under Sections 8/20 & 29 of NDPS Act. He has preferred this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023. The first bail application was dismissed as not pressed by this Court on 22.05.2024 with liberty to file afresh after filing of the challan.
Learned counsel for the petitioner submits that now the challan of the case has already been presented and recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody 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.
[2024:RJ-JD:26712]
[CRLMB-8259/2024]
(2 of 2)
Learned Public Prosecutor vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 483 of BNSS.
Accordingly, the second bail application filed under Sec.483 of BNSS is allowed and it is directed that petitioner Rakesh S/o Shri Madan Lal shall be released on bail in connection with FIR No.413/2023 of Police Station Naya Shahar, District Bikaner, provided he executes a 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
182-Ishan/-
1 issue framed by the court
Whether bail should be granted to the petitioner arrested under Sections 8/20 & 29 NDPS Act after challan filing with contraband below commercial quantity.
2 provisions across 2 enactments
Rakesh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
