Chenaram vs State Of Rajasthan
2022 Latest Caselaw 4562 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3503/2022

Chenaram S/o Dalaram Ji, Aged About 33 Years, R/o Gudiya Thana Khinvsar, Dist. Nagaur.

(Presently Lodged In Dist. Jail, Nagaur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mangilal Vishnoi. For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

23/03/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.42/2022, Police Station Khinvsar, District Nagaur, for the

offences punishable under Sections 8/16, 8/18 of N.D.P.S. Act.

Learned counsel for the petitioner submits that about 1120

opium plants have been recovered from the possession of the

petitioner. Counsel further submits that the case of present

petitioner falls under Section 18 (C) of N.D.P.S. Act, where the

punishment can be awarded to the accused up to 10 years and

therefore, Section 37 of the N.D.P.S. Act is not applicable. No

other criminal case has been registered against the petitioner. The

petitioner in judicial custody and the trial of the case will take

sufficient long time. Therefore, the benefit of bail should be

granted to the accused-petitioner.

(2 of 2) [CRLMB-3503/2022]

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

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

allowed and it is ordered that the accused-petitioner Chenaram

S/o Dalaram Ji shall be enlarged on bail in F.I.R. No.42/2022,

Police Station Khinvsar, District Nagaur provided he furnishes a

personal bond in the sum of Rs.1,00,000/- with two sureties of

Rs.50,000/- 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.

(MANOJ KUMAR GARG),J 54-prashant/-

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