High CourtsSingle Bench

Lalchand vs State

Rajasthan High Court · Decided on 1 June 2022 · Citation: (2022) 06 RAJ CK 0002

HON’BLE JUDGES
Dr.Pushpendra Singh Bhati, 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
S.B. Criminal Miscellaneous Bail Application No. 5879 Of 2022
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Judgment

7 paragraphs · 258 words

Dr. Pushpendra Singh Bhati, J

This Court has perused the material available on record.

The petitioner has been arrested in FIR No.26/2022 of Police Station Panchori, District Nagaur for the offences punishable under Sections 8/15, 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Counsel for the petitioner submits that the contraband in question is below commercial quantity and there is only one criminal antecedent under NDPS Act and date of both the cases are same. Therefore, it is prayed that the petitioner may be released on bail.

Learned Additional Advocate General though opposes the bail application but is unable to refute the aforesaid factual matrix.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Lalchand S/o Shri Surjaram shall be released on bail in connection with FIR No.26/2022 of Police Station Panchori, District Nagaur 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.