Omprakash Gurjar @ Omi S/O Shri ... vs The State Of Rajasthan ...
2024 Latest Caselaw 2295 Raj/2

Rajasthan High Court

Omprakash Gurjar @ Omi S/O Shri ... vs The State Of Rajasthan ... on 27 March, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:14927]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No.
                            2146/2024

Omprakash Gurjar @ Omi S/o Shri Prithviraj Gurjar,
Aged About 24 Years, R/o Village Dehri, Post
Chandanholi, Police Station Batoda, District Sawai
Madhopur, Rajasthan. (Presently Languishing In
Central Jail, Jaipur).
                                                         ----Petitioner
                                Versus
The State Of Rajasthan, Through PP
                                                     ----Respondent

For Petitioner(s) : Mr. Jai Kishan Yogi, Adv.

Mr. Yenu Satyan, Adv.

Mr. Sannidhya Doi, Adv.

For : Mr. Chandragupt Chopra, P.P. Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 27/03/2024

This bail application has been filed by the

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

bail in FIR No.140/2024 registered at Police Station

Pratap Nagar, District Jaipur City (East) for the

offence(s) under Section(s) 8/21 of NDPS Act.

Learned counsel for the petitioner submits that

the accused-petitioner is innocent and he has been

falsely implicated in this case. Learned counsel

further submits that the alleged contraband

recovered in the present case is less than commercial

[2024:RJ-JP:14927] (2 of 2) [CRLMB-2146/2024]

quantity. Learned counsel 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 Public Prosecutor appearing for the

State has opposed the bail application.

Taking into consideration the overall facts and

circumstances of the case and the fact that the

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 Omprakash Gurjar @ Omi S/o

Shri Prithviraj Gurjar 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

YOGESH KUMAR /87

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