High CourtsSingle Bench

Lalchand vs State Of Rajasthan

Rajasthan High Court · Decided on 2 March 2020 · Citation: (2020) 03 RAJ CK 0008

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 1883 Of 2020
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Judgment

13 paragraphs · 225 words

The present application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with

F.I.R. No. 458/2018, Police Station Kotwali, Nimbahera, District Chittorgarh for the offence under Section 8/29 of the N.D.P.S. Act.

Heard. Perused the material available on record.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of

the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under

Section 438 of Cr.P.C. to the petitioner.

Accordingly, the present anticipatory bail application preferred by the petitioner under Section 438 of Cr.P.C. is hereby rejected.

However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail

application on the same day.

Taking into consideration the facts and circumstances of the present case and in the interest of justice, it is directed that if the petitioner - Lalchand

S/o Laxminarayan Patidar surrenders before the trial Court on or before 17.03.2020 and files a regular bail application, the concerned trial Court is

expected to consider and decide his bail application at its earliest convenience.