Lekhraj S/O Kailash vs State Of Rajasthan
2022 Latest Caselaw 1596 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 2504/2022

Lekhraj S/o Kailash, Aged About 30 Years, R/o Eklera Ps
Kaithwara Distt. Bharatpur Raj. (At Present Confined In The
Distt. Jail Alwar)
                                                                          ----Petitioner
                                     Versus
State Of Rajasthan, Though Pp
                                                                     ----Respondent

For Petitioner(s)          :     Mr. Anil Kumar Upman
For Respondent(s)          :     Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

17/02/2022 The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.114/2021 registered at Police Station Sadar Alwar for the

offence(s) under Sections 8/21 and 8/22 of NDPS Act.

Learned counsel for the petitioner submits that the petitioner

has been wrongly implicated in this case. He is behind the bars

since 21.2.2021. Charge-sheet has been filed against the

petitioner. Learned counsel for the petitioner relying on a

judgment of Hon'ble Delhi High Court dated 31.07.2020 in case of

Iqbal Singh Vs. State, Bail Application No.645/2020 and

submits that excluding the neutral substance, the total quantity of

codeine contained in bottles of cough syrup, comes to below the

commercial quantity. Conclusion of trial may take long time.

Hence, the petitioner be enlarged on bail.

(2 of 2) [CRLMB-2504/2022]

Learned Public Prosecutor has opposed the bail application.

Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Lekhraj S/o

Kailash shall be enlarged on bail provided he furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

appearance before the court concerned on all the dates of hearing

as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Brijesh 106.

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