High CourtsSingle Bench

Shankarlal vs State Of Rajasthan

Rajasthan High Court · Decided on 19 December 2020 · Citation: (2020) 12 RAJ CK 0170

HON’BLE JUDGES
Manoj Kumar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 15
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14963 Of 2020
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Judgment

17 paragraphs · 323 words
1.

This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 184/2019

registered with Police Station Asnawar, District Jhalawar for the offence punishable under Sections 8/15 of NDPS Act.

2.

It has been argued on behalf of the petitioner that he has been falsely implicated in this case. On the basis of statement of co-accused-Shankar Lal,

the recovered quantity is less than the commercial quantity. The contraband was recovered from the possession of co-accused-Shankar Lal S/o Devi

Lal, who has already been released on bail by a co-ordinate bench of this court on 21.11.2019. Similarly, the other co-accused, Subhash S/o Durga

Lal, has already been granted benefit of bail under Section 439 of Cr.P.C. Petitioner's case is on better footing than the other co-accused-Shankar Lal

S/o Devi Lal.

3.

Learned Public Prosecutor has opposed the bail application.

4.

Heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the material available on record.

5.

On consideration of the arguments/submissions of both the parties, perusal of material available on record, nature of accusations and looking to the

overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems just and proper to enlarge the

accused petitioner on bail.

6.

Accordingly, the bail application is allowed. Accused petitioner Shankarlal S/o Pokhar, be released on bail in FIR No. 184/2019, registered with

Police Station Asnawar, District Jhalawar, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs. 1,00,000/-

(One Lakh) together with two sureties in the sum of Rs. 50,000/- (fifty thousand) each to the satisfaction of learned trial court with the stipulation that

he shall appear before that court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to

do so.