Prakash vs State
2021 Latest Caselaw 11875 Raj

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

(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

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