Nitesh Kumar vs State Of Rajasthan
2021 Latest Caselaw 8442 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4455/2021

Nitesh Kumar S/o Gopal Lal Jat, Aged About 24 Years, Sanklon Ka Khera, P.s. Kotwali Ninbahera, District Chittorgarh (Raj.). (At Present Lodged At District Jail Chittorgarh).

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4453/2021

1. Sunil Kumar S/o Sh. Rameshwar Lal Jat, Aged About 30 Years, Sankalon Ka Kheda, P.s. Kotwali, Nimbahera, District Chittorgarh. (Presently Lodged At District Jail Chittorgarh).

2. Kailash S/o Mangilal Nayak, Aged About 28 Years, Shahbad, P.s. Kotwali, Nimbahera, District Chittorgarh. (Presently Lodged At District Jail Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Abhishek Charan Mr. Bhawani Singh For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/03/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.162/2021

of Police Station Kotwali Nimbahera, District Chittorgarh for the

offence(s) punishable under Section(s) 8/15, 29 of NDPS Act and

(2 of 2) [CRLMB-4455/2021]

Section 379 of IPC. He/she/they has/have preferred this/these bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that the

narcotic contraband poppy husk weighing 27 kg alleged to have

been recovered in the matter is below commercial quantity.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s)

under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Nitesh Kumar S/o Gopal Lal Jat, Sunil Kumar S/o Sh. Rameshwar

Lal Jat and Kailash S/o Mangilal Nayak shall be released on bail in

connection with FIR No.162/2021 of Police Station Kotwali

Nimbahera, District Chittorgarh provided he/she/they execute(s) a

personal bond in the 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/her/their 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

266-267 mohit/-

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