High CourtsSingle Bench

Raviprakash And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 18 December 2020 · Citation: (2020) 12 RAJ CK 0148

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 20, 21, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 15397, 15853, 15854 Of 2020
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Judgment

16 paragraphs · 341 words

The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.250/2020

registered at Police Station Ramnagariya, District Jaipur City (East) for the offence under Section(s) 8/20, 8/21 & 8/25 of NDPS Act.

It is contended by learned counsels for the petitioners that they have falsely been implicated in this case. They submitted that the contraband allegedly

recovered from their possession is less than commercial quantity. They submitted that the petitioners are in custody since 08.11.2020, they have no

criminal antecedents of like nature, co-accused persons namely, Jahid and Shahrukh have been extended benefit of bail by this Court vide order dated

07.12.2020 and prayed for their release on bail.

Learned Public Prosecutor has opposed the bail applications. Taking into consideration the submissions advanced by learned counsels for the

petitioners, the nature of allegations against them, their length of custody, absence of criminal antecedents and release of co-accused persons on bail

by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Raviprakash S/o Ramlal, 2. Wazid S/o Samsuddin & 3.

Ankit Parashar S/o Shri Ramesh Chandra Parashar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)

together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that

they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

However, looking to the nature of offence and their criminal record, it is made clear that in case the petitioners are found involved in offence(s) of

similar nature in future, the learned trial Court shall be at liberty to cancel the benefit of bail extended to them by this Court.