Fauji Nath @ Bablu Son Of Ratna Nath vs The State Of Rajasthan ...
2023 Latest Caselaw 4885 Raj/2

[2023:RJ-JP:22810]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            11432/2023

Fauji Nath @ Bablu Son Of Ratna Nath, Aged About
20 Years, Resident Of Village Gadri Kheda, Post
Office     Reeth,       Police      Station        Kothdi,      District
Bhilwara. (At Present Confined In Central Jail,
Ajmer)                                                   ----Petitioner
                                Versus
The      State   Of     Rajasthan,         Through        The    Public
Prosecutor.                                          ----Respondent

For Petitioner(s) : Mr. Aayush Agarwal, 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

14/09/2023

This bail application has been filed by the

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

bail in FIR No.124/2023 registered at Police Station

G.R.P., District Ajmer for the offence(s) under

Section(s) 8/15 of NDPS Act.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. He further submits

that contraband allegedly recovered from the

possession of the accused-petitioner is less than

[2023:RJ-JP:22810] (2 of 2) [CRLMB-11432/2023]

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 Fauji Nath @ Bablu S/o Ratna

Nath 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 that Court on all subsequent

dates of hearing and as and when called upon to do

so.

(UMA SHANKER VYAS),J DANISH USMANI /93

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