Citation : 2021 Latest Caselaw 2714 Raj/2
Judgement Date : 8 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
10649/2021
Arshad S/o Sallauddin, Aged About 24 Years, R/o House Number
46/35 Opp. Purane Power House Near Garib Nawaj Majsid
Khaniya Bandha Goner Road Ps Transport Nagar Jaipur(Accused
Petitioner Is In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Amitach Vijaywargia For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
08/07/2021
1. Petitioner has filed this bail application under Section 439
Cr.P.C.
2. F.I.R. No.154/2021 was registered at Police Station
Ramganj , Jaipur for offence under Sections 8/21 of NDPS.
3. It is contended by counsel for the petitioner that recovered
smack is just few miligram above the small quantity. Persons from
whom the recovery was effected mentioned the name of someone
else but because of petitioner was in custody, petitioner has been
made an accused in this case.
4. Learned Public Prosecutor has opposed the bail application.
5. I have considered the contentions.
(2 of 2) [CRLMB-10649/2021]
6. Considering the contentions put forth by counsel for the
petitioner, I deem it proper to allow the bail application.
7. This bail application is, accordingly, allowed and it is directed
that accused-petitioner shall be released on bail provided he
furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
of the trial Court with the stipulation that he shall appear before
that Court and any Court to which the matter be transferred, on
all subsequent dates of hearing and as and when called upon to do
so.
8. However, it is made clear that if the petitioner repeats the
offence, State would be free to move application for cancellation
of bail before the concerned Court.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /61
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