Shilpa Chotia @ Shipu Chotia D/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 4946 Raj/2

[2023:RJ-JP:23151]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            11534/2023

Sunil Kumar S/o Hanuman Prasad, Aged About 23
Years, R/o Nethwa, P.s Ramgarh Sethan, District
Sikar (Raj.) (Accused Is Presently Confined Under
District Jail, Jhunjhunu, Raj.)
                                                         ----Petitioner
                                Versus
State Of Rajasthan, Through Pp
                                                     ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 11892/2023 Shilpa Chotia @ Shipu Chotia D/o Ramdhan Chotia, Aged About 32 Years, R/o Opposite To Post Office Ramgarh Shekhawati, Police Station Ramgarh Sethan, District Sikar (Rajasthan) (At Present Accused In District Jail, Jhunjhunu)

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

----Respondent

For Petitioner(s) : Mr. Bharat Yadav, Adv. & Mr. Tara Chand Sharma, Adv.

For                      : Mr. Mahendra Meena, P.P.
Respondent(s)

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

15/09/2023

[2023:RJ-JP:23151] (2 of 3) [CRLMB-11534/2023]

These bail applications have been filed by

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

bail in FIR No.110/2023 registered at Police Station

Mandawa, District Jhunjhunu for the offence(s) under

Section(s) 8/18, 29 of NDPS Act and under Section

193 IPC.

Learned counsel for petitioners submit that

accused-petitioners are innocent and they have been

falsely implicated in these cases. They further submit

that quantity of contraband involved in these cases is

less than commercial. They also submit 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 these cases and the fact that

quantity of contraband involved in these cases is less

than commercial, 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.

Accordingly, these bail applications filed under

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

[2023:RJ-JP:23151] (3 of 3) [CRLMB-11534/2023]

accused-petitioners 1.Sunil Kumar S/o Hanuman

Prasad & 2.Shilpa Chotia @ Shipu Chotia D/o

Ramdhan Chotia 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 /12 & 13

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