Suraj S/O Hazarilal vs State Of Rajasthan ...
2023 Latest Caselaw 2393 Raj/2

[2023/RJJP/003364]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No.
                             18086/2022
Suraj S/o Hazarilal, Aged About 20 Years, Resident
Of Damuniya Kumharo Ka Mohalla Phangi Police
Station       Phangi      District      Jaipur      Rural(Raj.)     (At
Present Confined In Sub-District Jail, Aklera District
Jhalawar(Raj.)
                                                          ----Petitioner
                                 Versus
State of Rajasthan, Through P.p.
                                                      ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 1941/2023 Biram S/o Radhakishan @ Radheyshyam, Resident Of Tokdi Badiya Police Station Bhalta District Jhalawar (Raj.) (At Present Confined In Sub District Jail Aklera District Jhalawar (Raj.)

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

                                                      ----Respondent


For Petitioner(s)         : Mr. Madan Lal, uncle of
                            accused-petitioners
For                       : Mr. M.K. Sheoran, P.P.
Respondent(s)

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

27/02/2023

These bail applications have been filed by

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

[2023/RJJP/003364] (2 of 3) [CRLMB-18086/2022]

bail in FIR No.553/2022 registered at Police Station

Aklera, District Jhalawar for the offence(s) under

Section(s) 8/21,29,25 of NDPS Act.

Mr. Madan Lal, uncle of accused-petitioners

submits that accused-petitioners are innocent and

they have falsely been implicated in these cases. He

further submits that charge sheet has been filed and

contraband allegedly recovered form the possession

of the accused-petitioners is less than commercial

quantity. He also submits 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.

Taking into consideration the overall facts and

circumstances of the case 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 the case, 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.Suraj S/o Hazarilal &

[2023/RJJP/003364] (3 of 3) [CRLMB-18086/2022]

2.Biram S/o Radhakishan @ Radheyshyam 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.

(UMA SHANKER VYAS),J

DANISH USMANI /40 & 41

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