High CourtsSingle Bench

Mahesh vs State Of Rajasthan

Rajasthan High Court · Decided on 17 June 2022 · Citation: (2022) 06 RAJ CK 0082

HON’BLE JUDGES
Rameshwar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 25
RESULT
Allowed
CASE NUMBER
S. B. Criminal Miscellaneous Bail Application No. 6503 Of 2022
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Judgment

7 paragraphs · 279 words

Rameshwar Vyas, J

The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 29/2021 registered at Police Station Hathunia, District Pratapgarh for offences punishable under Sections 8/25 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner submits that the offence alleged against the present petition is under Section 8/25 of NDPS Act. He has no knowledge about the fact that his vehicle is being used for carrying narcotic substance. There is no criminal antecedents against the petitioner. On the above grounds, learned counsel for the petitioner prays to allow bail application.

On the contrary, learned Public Prosecutor has opposed the bail application.

Having regard to the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.

Accordingly, the present bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Shri Mahesh S/o Shri Kishanlal, who is in custody in connection with FIR No. 29/2021 registered at Police Station Hathunia, District Pratapgarh, shall be released on bail provided he shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.