Justice Manoj Kumar Garg granted bail to Nitesh under Section 439 Cr.P.C. in an NDPS case, deeming it just and proper without expressing an opinion on the merits, directing release against a personal bond.
Petitioner released on bail in connection with FIR No.433/2022 provided he executes a personal bond with two sureties.
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[2024:RJ-JD:464]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 86/2024
Nitesh S/o Bhanwar Lal, Aged About 22 Years, R/o Somalsar, Police Station Nokha District Bikaner (At Present Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Sunil Bishnoi |
|---|---|
| For Respondent(s) | : Mr. Javed Gauri,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/01/2024
The petitioner has been arrested in connection with FIR No.433/2022 of Police Station Nokha, Distt. Bikaner for the offence punishable under Sections 8/18 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. Counsel for the petitioner submits that the recovered contraband is below commercial quantity and similarly situated coaccused Manoj Kumar has already been granted bail and the case of present petitioner is not distinguishable from that of coaccused. 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 accusedpetitioner.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances
(2 of 2) [CRLMB-86/2024]
[2024:RJ-JD:464]
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 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nitesh S/o Bhanwar Lal shall be released on bail in connection with FIR No.433/2022 of Police Station Nokha, Distt. 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
160-Ishan/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner in connection with offences under Sections 8/18 and 29 of NDPS Act.
1 provisions across 1 enactments
Nitesh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
