HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9516/2021 Vasim Khan S/o Jahid Khan, Aged About 28 Years, R/o Kotwali Circle, Kotda, District Udaipur, Rajasthan. (At Present Lodged At District Jail Pali)
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr Mahaveer Singh For Respondent(s) : Mr Sudhir Tak, Public Prosecutor HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 26/07/2021 This bail application under Sec.439 CrPC has been filed by the petitioner in connection with FIR No.158/2021 registered at Police Station Kotwali, District Pali for offence under Sections 8/21, 29 of the NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner submits that the smack recovered is little more than the small quantity, 9.5 grams, while the commercial quantity is 250 grams.
Learned Public Prosecutor opposed the bail application. Taking into consideration the aforesaid facts and that the charge sheet has already been filed and the co-accused has also been granted bail; without commenting on merits of the case, I am inclined to grant bail to the petitioner. (Downloaded on 27/07/2021 at 08:41:50 PM)
(2 of 2) [CRLMB-9516/2021] Therefore, this bail application is allowed and it is ordered that the accused petitioner - Vasim Khan s/o Jahid Khan be released on bail under Section 439 CrPC in connection with aforesaid FIR provided the petitioner furnishes a personal bond of Rs.50,000/- with one surety in the like amount, to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Sec.473 (3) CrPC.
(SANJEEV PRAKASH SHARMA),J 56-MMA/-
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