Suresh Kumar vs State Of Rajasthan
2022 Latest Caselaw 7704 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 4408/2022

Suresh Kumar S/o Shri Fuwa Ram, Aged About 26 Years, R/o Pamana, Jhab Police Station, District Jalore. (Lodged In Sub Jail, Bhinmal)

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

----Respondent

For Petitioner(s) : Mr. Vijay Raj Vishnoi For Respondent(s) : Mr. Shrawan Vishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/05/2022

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.13/2021 of Police

Station Karda, District Jalore for the offences punishable under

Sections 8/22 & 8/25 of NDPS Act. He has preferred this second

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 35 gram MDMA was recovered from the

accused petitioner, however, as per the FSL report, the recovered

article was not MDMA but the same was smack. Learned counsel

for the petitioner has submitted that up to 250 gram of smack is

considered as below commercial quantity. It is also submitted that

on the very same ground a Co-ordinate Bench of this Court has

enlarged co-accused Prakash Kumar on bail from whom 160

grams of smack was recovered.

(2 of 2) [CRLMB-4408/2022]

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

petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under

Section 439 Cr.P.C. is allowed and it is directed that petitioner

Suresh Kumar S/o Shri Fuwa Ram shall be released on bail in

connection with FIR No.13/2021 of Police Station Karda, District

Jalore provided he 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

209-AjaySingh/-

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