Umesh Bihari S/O Shri Shyam Bihari vs The State Of Rajasthan ...
2024 Latest Caselaw 807 Raj/2

Rajasthan High Court

Umesh Bihari S/O Shri Shyam Bihari vs The State Of Rajasthan ... on 2 February, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:5564]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            1254/2024
Umesh Bihari S/o Shri Shyam Bihari, Aged About
42 Years, R/o Gopal Ji Ka Mandir, Near Purani Anaaj
Mandi, Lalsot, Police Station Lalsot, District Dausa
(Raj.) (At Present Confined In District Jail Dausa).
                                                         ----Petitioner
                                Versus
The State Of Rajasthan, Through Its Pp
                                                     ----Respondent

For Petitioner(s) : Mr. Girdhari Lal Gupta, Adv.

For                      : Mr. Ghan Shyam Singh
Respondent(s)              Rathore, GA-cum-AAG,
                           assisted by
                           Mr. Narendra Singh Gurjar,
                           Assistant Government
                           Advocate

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 02/02/2024

This bail application has been filed by the

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

bail in FIR No.33/2024 registered at Police Station

Kotwali (Dausa), District Dausa 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 the alleged contraband recovered in the present

case is less than commercial quantity. He also

[2024:RJ-JP:5564] (2 of 2) [CRLMB-1254/2024]

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 recovery

of alleged contraband in the present case 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 Umesh Bihari S/o Shri Shyam

Bihari 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 /59

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