High CourtsSingle Bench

Kailash vs State Of Rajasthan

Rajasthan High Court · Decided on 8 April 2024 · Citation: (2024) 04 RAJ CK 0041

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 15, 29 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1503 Of 2024
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Judgment

7 paragraphs · 259 words

@JUDGEMENT- JUDGEMENT

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.24/2023 of Police Station Osia, District Jodhpur Rural for the offence punishable under Sections 8/15 & 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that nothing has been recovered from the possession of the present petitioner and similarly situated co-accused Khartaram has already been granted bail by this Court and the case of present petitioner is not distinguishable from that of co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor vehemently opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kailash S/o Shri Narain Lal, shall be released on bail in connection with FIR No.24/2023 of Police Station Osia, District Jodhpur Rural provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.a