Sunil Kumar vs State
2021 Latest Caselaw 11406 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9468/2021

Sunil Kumar S/o Sh. Arjun Ram, Aged About 30 Years, R/o Village Moolraj, Teh. Lohawat, Dist. Jodhpur. (At Present Lodged In Central Jail, Sri Ganganagar).

----Petitioner Versus State of Raj., Through PP

----Respondent

For Petitioner(s) : Mr. Ashok Bhawad Mr. Harshad Bhadu For Respondent(s) : Mr. M. R. Pareek, Spl, PP for NCB

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

23/07/2021

This bail application has been filed under Section 439 Cr.P.C.

in connection with FIR No.VIII(IO)02/NCB/ASZ/2020 registered at

NCB Office, Ajmer for offence under Section(s) 8/21, 22, 25, 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 charge-sheet

has been filed and the petitioner has been made as an accused on

the basis of the statement made under Section 67 of NDPS Act

which is inadmissible in law.

Learned special Public Prosecutor submits that there are call details of the petitioner which connects him to the accused.

(2 of 2) [CRLMB-9468/2021]

However, taking into consideration the overall aspects that

the petitioner has been made as an accused on the basis of the

statement of the co-accused but without commenting further on

merits of the case, I am inclined to release the petitioner on bail.

Therefore, this bail application is allowed and it is ordered

that the accused petitioner Sunil Kumar S/o Sh. Arjun Ram, 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 98-amit/-

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