HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9184/2021 Prakash S/o Sh. Bhera Meghwal, Aged About 45 Years, Chandkheda, P.s. Kotwali Nimbahera, Dist. Chittorgarh. (At Present Lodged Sub Jail, Nimbahera, Dist. Chittorgarh).
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. Mukhtiyar Khan, PP HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 29/07/2021 This bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.115/2021 registered at Police Station, Shambhupura, District Chittorgarh for offence under Section(s) 8/15 & 8/29 of NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the entire material available on record.
Learned counsel for the petitioner submits that the petitioner has been arrested solely on the basis of the statement of Satyanarayan who has named the petitioner to be the person from whom he has purchased the contraband which is 41 Kg of Poppy Husk.
Learned Public Prosecutor has opposed the bail application. Taking into consideration that the statement of the co- accused would not be admissible, but without commenting further (Downloaded on 29/07/2021 at 08:57:09 PM) (2 of 2) [CRLMB-9184/2021] on merits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is ordered that the accused petitioner - Prakash S/o Sh. Bhera Meghwal, be released on bail under Section 439 Cr.P.C. 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 Section 437(3) Cr.P.C.
(SANJEEV PRAKASH SHARMA),J 12-1/-saurabh (Downloaded on 29/07/2021 at 08:57:09 PM) Powered by TCPDF (www.tcpdf.org)