The High Court granted regular bail to the petitioner charged under the NDPS Act, finding it just to release him since the recovered contraband was less than commercial quantity.
Petitioner granted bail on Rs.1,00,000/- bond 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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
8480/2024
Dharmraj @ Dharmu @ Ramdharm S/o Shri Nagaram, Aged About 31 Years, R/o Village Dhoti Police Station Dehat Shyopur District Shyopur (M.p.) Presently Confined In Central Jail Kota.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitesh Kumawat, Adv. For Mr. Pradeep Singh, Adv. For : Mr. N.S. Gurjar, PP Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Order
11/07/2024
This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.127/2024 registered at Police Station Itawa, District Kota Rural for the offence(s) under Section(s) 8/20 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
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(2 of 2)
[CRLMB-8480/2024]
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 Dharmraj @ Dharmu @ Ramdharm S/o Shri Nagaram 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 /22
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving NDPS offences where the contraband is less than commercial quantity.
2 provisions across 2 enactments
Dharmraj @ Dharmu @ Ramdharm
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
