[2023:RJ-JP:22810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
11432/2023
Fauji Nath @ Bablu Son Of Ratna Nath, Aged About
20 Years, Resident Of Village Gadri Kheda, Post
Office Reeth, Police Station Kothdi, District
Bhilwara. (At Present Confined In Central Jail,
Ajmer) ----Petitioner
Versus
The State Of Rajasthan, Through The Public
Prosecutor. ----Respondent
For Petitioner(s) : Mr. Aayush Agarwal, Adv.
For : Mr. Ghan Shyam Singh
Respondent(s) Rathore, GA-cum-AAG,
assisted by
Mr. Ganesh Saini, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 14/09/2023 This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.124/2023 registered at Police Station G.R.P., District Ajmer for the offence(s) under Section(s) 8/15 of NDPS Act.
Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. He further submits that contraband allegedly recovered from the possession of the accused-petitioner is less than (Downloaded on 11/11/2023 at 08:02:06 PM) [2023:RJ-JP:22810] (2 of 2) [CRLMB-11432/2023] commercial quantity. He 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 Government Advocate-cum-Additional Advocate General appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that contraband allegedly recovered from the possession of the accused-petitioner 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 Fauji Nath @ Bablu S/o Ratna Nath 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 DANISH USMANI /93 (Downloaded on 11/11/2023 at 08:02:06 PM) Powered by TCPDF (www.tcpdf.org)