Gajendra S/O Shri Dhannalal vs State Of Rajasthan ...
2023 Latest Caselaw 4371 Raj/2

[2023:RJ-JP:19727]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            10822/2023

Gajendra S/o Shri Dhannalal, Aged About 30 Years,
R/o Amabedakar Ke Pass Aklera, Police Station
Aklera, District Jhalawar (Raj.) (Presently Confined
In District Jail At Jhalawar).
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 10942/2023 Jeetu Alias Jeetendra S/o Mahendra @ Mahaveer, Aged About 23 Years, R/o Jaleda Police Station Baran Sadar District Baran (Raj) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.)

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 11066/2023 Prithvi Singh Son Of Vijay Bahadur, Aged About 35 Years, R/o House No. 324, Mahavir Nagar, Kota At Present Behind Of Saraswati School, Bapu Basti, Kunhadi, District Kota(Raj.)(Presently Confined At District Jail Jhalawar)

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

[2023:RJ-JP:19727] (2 of 3) [CRLMB-10822/2023]

----Respondent

For Petitioner(s) : Mr. Narsi Prasad Sharma, Adv., Mr. Rohit Khandelwal, Adv. & Mr. Mukesh Sharma, Adv.

For                      : Mr. Bhawani Shanker Sharma,
Respondent(s)              P.P.

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

29/08/2023

These bail applications have been filed by

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

bail in FIR No.451/2023 registered at Police Station

Aklera, District Jhalawar for the offence(s) under

Section(s) 8/20, 25, 29 of NDPS Act.

Learned counsel for petitioners submit that

accused-petitioners are innocent and they have been

falsely implicated in these cases. They further submit

that contraband allegedly recovered from the

possession of accused-petitioners is less than

commercial quantity. They also submit that accused-

petitioners have been in judicial custody since long

and the conclusion of the trial will take long time,

hence petitioners may be enlarged on bail.

Learned Public Prosecutor appearing for the

State has opposed these bail applications.

[2023:RJ-JP:19727] (3 of 3) [CRLMB-10822/2023]

Taking into consideration the overall facts and

circumstances of these cases and the fact that

contraband allegedly recovered from the possession

of accused-petitioners is less than commercial

quantity, but without expressing any opinion on the

merits and demerits of these cases, this Court deems

it just and proper to enlarge petitioners on bail.

Accordingly, these bail applications filed under

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

accused-petitioners 1.Gajendra S/o Shri

Dhannalal, 2.Jeetu Alias Jeetendra S/o

Mahendra @ Mahaveer & 3.Prithvi Singh S/o

Vijay Bahadur shall be released on bail, provided

each of them 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 petitioners shall appear before that

Court on all subsequent dates of hearing and as and

when called upon to do so.

A copy of this order be placed in each

connected files.

(UMA SHANKER VYAS),J

DANISH USMANI /143-145

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