Rajendra Sharma S/O Bhanwarlal ... vs State Of Rajasthan ...
2023 Latest Caselaw 4757 Raj/2

[2023:RJ-JP:22123]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            11650/2023

Rajendra Sharma S/o Bhanwarlal Sharma, Aged
About 33 Years, R/o Village Bankakheda, Police
Station Malpura, District Tonk, At Present Tenant
Gopal Prajapat Ka Makan, Plot No. 48-49, Ekta
Nagar C, Dhabas, Police Station Karni Vihar, Jaipur.
(At Present Accused-Petitioner Confined In Central
Jail Jaipur)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through P.p.
                                                     ----Respondent

For Petitioner(s) : Mr. Shivji Ram Jat, 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

This bail application has been filed by the

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

bail in FIR No.556/2023 registered at Police Station

Karni Vihar, District Jaipur City (West) for the

offence(s) under Section(s) 8/15 & 8/29 of NDPS Act.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

[2023:RJ-JP:22123] (2 of 3) [CRLMB-11650/2023]

falsely implicated in this case. He further submits

that contraband allegedly recovered from the

possession of the accused-petitioner is less than

commercial quantity. He also submits 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 Government Advocate-cum-Additional

Advocate General appearing for the State has

opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case and the fact that

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 Rajendra Sharma S/o

Bhanwarlal Sharma 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 trial Court, with the

stipulation that the petitioner shall appear before

[2023:RJ-JP:22123] (3 of 3) [CRLMB-11650/2023]

that Court on all subsequent dates of hearing and as

and when called upon to do so.

(UMA SHANKER VYAS),J

DANISH USMANI /143

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