Kallu Alias Rafiq S/O Salim vs State Of Rajasthan ...
2023 Latest Caselaw 4755 Raj/2

[2023:RJ-JP:22126]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            11656/2023

Kallu Alias Rafiq S/o Salim, Aged About 30 Years,
Resident Of Indra Colony Pachpahad Police Station
Bhawani       Mandi       District      Jhalawar         (At   Present
Confined In Sub-District Jail Bhawani Mandi, District
Jhalawar (Raj.)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through P.p.
                                                     ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 11737/2023 Gopal Singh Alias Guddu S/o Sardar Singh, Aged About 40 Years, R/o Khokhriya Police Station Pagariya District Jhalawar (At Present Confined In Sub District Jail Bhawani Mandi, District Jhalawar (Raj.)

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

----Respondent

For Petitioner(s) : Mr. Rohit Khandelwal, Adv.

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

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

12/09/2023

[2023:RJ-JP:22126] (2 of 3) [CRLMB-11656/2023]

These bail applications have been filed by

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

bail in FIR No.358/2023 registered at Police Station

Bhawani Mandi, District Jhalawar for the offence(s)

under Section(s) 8/20 & 8/29 of NDPS Act.

Learned counsel for petitioners submits that

accused-petitioners are innocent and they have been

falsely implicated in these cases. He further submits

that contraband allegedly recovered from the

possession of 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 Government Advocate-cum-Additional

Advocate General appearing for the State has

opposed these bail applications.

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.

[2023:RJ-JP:22126] (3 of 3) [CRLMB-11656/2023]

Accordingly, these bail application filed under

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

accused-petitioners 1.Kallu Alias Rafiq S/o Salim

& 2.Gopal Singh Alias Guddu S/o Sardar Singh

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 connected file.

(UMA SHANKER VYAS),J

DANISH USMANI /147 & 148

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