High CourtsSingle Bench

Bapu Lal vs State of Rajasthan

Rajasthan High Court · Decided on 27 November 2020 · Citation: (2020) 11 RAJ CK 0106

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 20
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 13318 Of 2020
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Judgment

13 paragraphs · 255 words
1.

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.198/2020

registered at Police Station Harnawada Shahji District Baran for the offence(s) under Section(s) 8/20 of the N.D.P.S. Act.

2.

It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He submitted that the contraband

allegedly recovered from his possession is less than commercial quantity. He submitted that the petitioner is in custody since 12.10.2020, investigation

as against him is complete, he has no criminal antecedents and prays for his release on bail.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody

and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the

petitioner on bail.

5.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Bapu Lal S/o Shri Badri Lal shall be released on bail under

Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of

the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.