Citation : 2023 Latest Caselaw 2653 Raj/2
Judgement Date : 3 March, 2023
[2023/RJJP/003663]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
2197/2023
Girwar Son of Late Shri Ramji Lal, Aged About 76
Years, Resident Of Khediya Thana Sadar Hindaun
District Karauli, Rajasthan.(At Present Confined At
District Jail Karauli)
----Petitioner
Versus
State of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Man Singh (present in person), son of accused-
petitioner
For : Mr. Ghan Shyam Singh
Respondent(s) Rathore, GA-cum-AAG
Mr. Sanjeev Mahala, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
03/03/2023
This bail application has been filed by the
petitioner under Section 439 Cr.P.C. seeking regular
bail in FIR No.68/2023 registered at Police Station
Hindaun, District Karauli for the offence(s) under
Section(s) 8/21 & 8/29 of NDPS Act.
Mr. Man Singh, son of accused-petitioner
submits that the accused-petitioner is innocent and
he has falsely been implicated in this case. He further
[2023/RJJP/003663] (2 of 3) [CRLMB-2197/2023]
submits that co-accused namely Hemraj, from whom
recovery has been effected has already been
enlarged on bail by this Court and the contraband
allegedly recovered from the possession of the
accused-petitioner is less than commercial quantity.
He also submits that the accused-petitioner has no
criminal antecedents. It is further submitted 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 Public Prosecutor appearing for the
State has opposed the bail application.
Taking into consideration the overall facts and
circumstances of the case and the fact that the
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 Girwar S/o Late Shri Ramji Lal
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
[2023/RJJP/003663] (3 of 3) [CRLMB-2197/2023]
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 /60
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