Laxman Ram vs State
2021 Latest Caselaw 9780 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4984/2021

Laxman Ram S/o Shri Mohan Ram, Aged About 25 Years, Vishnu Nagar, Khetasar, Osian, Jodhpur. (At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Abhishek Mehta, through Cisco Webex For Respondent(s) : Mr. Gaurav Singh, PP

JUSTICE DINESH MEHTA (VACATION JUDGE)

Judgment

10/06/2021

1. This application for bail has been filed by the petitioner

under Section 439 of the Cr.P.C. in connection with FIR

No.80/2021 Police Station Osian, District Jodhpur for the offences

under Sections 8/18 and 29 of the NDPS Act.

2. Mr. Mehta, learned counsel appearing for the petitioner

submits that the quantity of contraband substance which was

recovered from the petitioner is below commercial and charge-

sheet has also been filed, thus, the embargo under Section 37 of

the NDPS Act is not attracted.

3. Mr. Singh, learned PP, is not in a position to dispute the

aforesaid facts and law.

4. Having regard to the facts and circumstances of the case and

considering that co-accused Subham Sharma has already been

(2 of 2) [CRLMB-4984/2021]

enlarged on bail by this Court vide order dated 4.5.2021 passed in

SB Cr. Misc. Bail Application No.5799/2021 (Subham Sharma Vs.

State); provisions of Section 37 of the NDPS Act are not applicable

and the charge-sheet has been filed, this Court is of the opinion

that the bail application filed by the petitioner deserves to be

accepted.

5. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioner Laxman Ram S/o Mohan Ram,

arrested in FIR No.80/2021 Police Station Osian, District Jodhpur

shall be released on bail on his furnishing personal bond in the

sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the trial Court.

6. Petitioner shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

7. Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of the trial Court to take

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA), VJ.

3-CPGoyal/-

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