Rajasthan High Court - Jaipur
Naveen Kumar vs State Of Rajasthan Through Pp on 24 January, 2017
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
BENCH, JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.539/2017
Naveen Kumar S/o Dhanraj B/c Mewada, R/o Gandhi Nagar,
Behind Police Choucki, Bhesodamandi, Police Station Manpura,
District Mandsore, MP.
Versus
State of Rajasthan Through P.P.
Date of Order: January 24, 2017
HON'BLE MRS. JUSTICE SABINA
Mr. Ali Mohd. Khan, for the petitioner.
Mr. R.R. Gurjar, P.P. for the State.
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.129/2016 registered at Police Station Borkheda, District Kota (Raj.), for offences u/S. 8/29 Narcotic Drugs @ Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that from co-accused Peerulal five grams smack and packets of fifteen Kilo Six Hundred Fifty Five Grams containing some contraband were recovered. However, as per the report of the Forensic Science Laboratory, it was found that the sample qua - five grams smack tested positive for Heroin, whereas, the other packets tested positive for Paracetamol, Caffeine and Brucine. So far as the petitioner is concerned, allegation was levelled against him by co-accused Peerulal, during interrogation, (while in police custody) that he had purchased the contraband from the petitioner. Petitioner is not involved in any other Criminal case and is ready to surrender before the trial Court.
Learned State Counsel, on the other hand, has opposed the petition.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.
Accordingly, without expressing any opinion on merits of the case, this petition is disposed of with a direction that in case petitioner surrenders before the trial Court within ten days from today, he be released on bail subject to the satisfaction of the said Court.
(SABINA),J.
Tanwar/-
P.A. Item No.4