High CourtsSingle Bench

Omprakash @ OP vs State

Rajasthan High Court · Decided on 20 January 2021 · Citation: (2021) 01 RAJ CK 0173

HON’BLE JUDGES
Vijay Bishnoi, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 15 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 577 Of 2021
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Judgment

11 paragraphs · 225 words

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.392/2020 of Police Station Sadar Chittorgarh, District Chittorgarh for the offences punishable under

Sections 8/15 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the narcotic contraband poppy straw/poppy husk alleged to have been recovered in the matter is

10 kgs, which is below commercial quantity.

Learned Public Prosecutor has 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Omprakash @ OP S/o Baburam Bishnoi

shall be released on bail in connection with FIR No.392/2020 of Police Station Sadar Chittorgarh, District Chittorgarh provided he executes a personal

bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.