Prakash Chand Nath S/O Ramchandra ... vs The State Of Rajasthan ...
2023 Latest Caselaw 4301 Raj/2

[2023:RJ-JP:19284]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            10956/2023
Prakash Chand Nath S/o Ramchandra Nath, Aged
About 19 Years, R/o Nagar, Police Station Vijay
Nagar, District Beawar. (At Present Confined In
Central Jail, Ajmer)
                                                         ----Petitioner
                                Versus
The State Of Rajasthan, Through The Pp
                                                     ----Respondent

For Petitioner(s) : Mr. Aayush Agarwal, Adv.

For                      : Mr. Ghan Shyam Singh
Respondent(s)              Rathore, GA-cum-AAG,
                           assisted by
                           Mr. Laxman Meena, P.P.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

25/08/2023

This bail application has been filed by the

petitioner under Section 439 Cr.P.C. seeking regular

bail in FIR No.124/2023 registered at Police Station

G.R.P., District Ajmer for the offence(s) under

Section(s) 8/15 of NDPS Act.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. He further submits

that contraband allegedly recovered from the

possession of the accused-petitioner is less than

[2023:RJ-JP:19284] (2 of 2) [CRLMB-10956/2023]

commercial quantity. He also submits that the

accused-petitioner has been in judicial custody since

long and the conclusion of the trial will take long

time, hence the petitioner may be enlarged on bail.

Learned Government Advocate-cum-Additional

Advocate General appearing for the State has

opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case and the fact that

contraband allegedly recovered from the possession

of the accused-petitioner is less than commercial

quantity, but without expressing any opinion on the

merits and demerits of the case, this Court deems it

just and proper to enlarge the petitioner on bail.

Accordingly, the bail application filed under

Section 439 Cr.P.C. is allowed and it is ordered that

accused-petitioner Prakash Chand Nath S/o

Ramchandra Nath shall be released on bail,

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 trial Court, with the

stipulation that the petitioner shall appear before

that Court on all subsequent dates of hearing and as

and when called upon to do so.

(UMA SHANKER VYAS),J DANISH USMANI /138

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