Prakash Chand @ Prakash Dhaka vs State
2021 Latest Caselaw 3071 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1654/2021

Prakash Chand @ Prakash Dhaka S/o Bhagwana @ Bhagwan Sahay, Aged About 24 Years, R/o Dhaka Ki Dhani, Deoli Road, Gram Panchayat, Bhadwa, Police Station Renwal, Dist. Jaipur. (At Present Lodged In District Jail, Churu).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Swaroop Singh For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.138/2019 of Police Station Sadar Churu, District

Churu for the offence(s) punishable under Section(s)

8/15 of the NDPS Act. He/She/They has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the narcotic contraband poppy straw weighing 41 kg

alleged to have been recovered in the matter is below

commercial quantity.

Learned Public Prosecutor has opposed the bail

application(s).

(2 of 2) [CRLMB-1654/2021]

Having regard to the totality of the facts and

circumstances 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(s) under

Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is allowed and it is directed that

petitioner(s) - Prakash Chand @ Prakash Dhaka S/o

Bhagwana @ Bhagwan Sahay shall be released on bail in

connection with FIR No.138/2019 of Police Station Sadar

Churu, District Churu provided he/she/they execute(s) a

personal bond in a sum of Rs.50,000/- with two sound

and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/there

appearance before that court on each and every date of

hearing and whenever called upon to do so till the

completion of the trial.

(VIJAY BISHNOI),J

62-mohit/-

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