Yogesh Vaishnav vs State
2021 Latest Caselaw 7047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3220/2021

1. Yogesh Vaishnav S/o Shri Bhagwandas, Aged About 43 Years, Saliya, P.S. Garhi, District Banswara, Rajasthan. (At Present Lodged In District Jail Banswara).

2. Bhupesh S/o Vajing, Aged About 30 Years, Vajakhara, P.S. Garhi, District Banswara, Rajasthan. (At Present Lodged In District Jail Banswara).

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

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Mohd. Javed Gouri, P.P. Present in Person(s) : Mr. Ramesh Chand, S.I.

P.S. Kotwali, Banswada

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

10/03/2021

Pursuant to the directions given by this Court on 05.03.2021,

Investigating Officer Mr. Ramesh Chand is present in person

before this Court.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.123/2021 of

Police Station Kotwali Banswara, District Banswara for the offences

punishable under Section 8/18 of NDPS Act. They have preferred

this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

(2 of 2) [CRLMB-3220/2021]

narcotic contraband opium alleged to have been recovered in the

matter is 490 gms, which is below commercial quantity.

Learned Public Prosecutor has opposed the bail application.

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

petitioners under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Yogesh

Vaishnav S/o Shri Bhagwandas and Bhupesh S/o Vajing shall be

released on bail in connection with FIR No.123/2021 of Police

Station Kotwali Banswara, District Banswara provided each of

them executes 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 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

50-akash/-

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