Citation : 2023 Latest Caselaw 1741 Raj
Judgement Date : 14 February, 2023
[2023/RJJD/005238]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 789/2023
Om Prakash S/o Ramchandra, Aged About 38 Years, Rohila West, P.s. Sedwa, Dist. Barmer. (Lodged In Dist. Jail, Jaisalmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K. L. Vishnoi
For Respondent(s) : Mr. S. K. Bhati, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
14/02/2023
The petitioner has been arrested in connection with FIR
No.351/2022 of Police Station Kotwali Jaisalmer, District Jaisalmer
for the offence punishable under Section 8/18 of NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner
has falsely been implicated in the present case and the recovered
contraband is below commercial quantity. The accused-petitioner
is behind bars and the trial of the case will take time. Therefore, it
is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail
application and submitted that the petitioner is a habitual offender.
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.
[2023/RJJD/005238] (2 of 2) [CRLMB-789/2023]
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Om Prakash S/o
Ramchandra shall be released on bail in connection with FIR
No.351/2022 of Police Station Kotwali Jaisalmer, District Jaisalmer
provided he executes a personal bond in a sum of Rs.1,00,000/-
with two sound and solvent sureties of Rs.50,000/- 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.
(MADAN GOPAL VYAS),J 47-nidhi/-
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