Dinesh Joshi S/O Hariprasad Joshi vs State Of Rajasthan (2024:Rj-Jp:5907)

Citation : 2024 Latest Caselaw 842 Raj/2
Judgement Date : 5 February, 2024

Rajasthan High Court

Dinesh Joshi S/O Hariprasad Joshi vs State Of Rajasthan (2024:Rj-Jp:5907) on 5 February, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:5907]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            1297/2024

Dinesh Joshi S/o Hariprasad Joshi, R/o Ward No.
36, Kasba Laxmangarh, District Sikar (Rajasthan).
(At Present Accused Confined In District Jail, Sikar).
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent

For Petitioner(s) : Mr. Amit Singh Shekhawat, Adv.

For                      : Mr. Ghan Shyam Singh
Respondent(s)              Rathore, GA-cum-AAG


HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 05/02/2024 This bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in FIR No.198/2023 registered at Police Station Laxmangarh (Sikar), District Sikar (Rajasthan) 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 the alleged contraband recovered in the present case is less than commercial quantity. He also submits that the accused-petitioner has been in judicial custody since long, charge sheet has been (Downloaded on 06/02/2024 at 08:43:51 PM) [2024:RJ-JP:5907] (2 of 2) [CRLMB-1297/2024] filed 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 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 Dinesh Joshi S/o Hariprasad Joshi 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.

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