Rajasthan High Court - Jodhpur
Mukesh vs State Of Rajasthan (2024:Rj-Jd:7818) on 14 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:7818]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1847/2024
Mukesh S/o Prakash Valmiki, Aged About 23 Years, R/o Ward No.
02 Khunja, Hanumangarh Junction, At Present Tenant 7/230
Housingh Board Hanumangarh Jucntion Dist Hanumangarh.
(Lodged In Dist Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Aditya Singh for
Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Gaurav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order 14/02/2024
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused- petitioner. The requisite details of the matter are tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 32/2024 2. Concerned Police Station Hanumangarh Sadar 3. District Hanumangarh 4. Offences alleged in the FIR Under Sections 8/21 of the NDPS Act 5. Offences added, if any -
6. Date of passing of impugned 02.02.2024 order
2. It is contended on behalf of the accused-petitioner that the recovered contraband is well below demarcated commercial (Downloaded on 15/02/2024 at 08:46:42 PM) [2024:RJ-JD:7818] (2 of 3) [CRLMB-1847/2024] quantity. No case for the alleged offences is made out against him and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. Have considered the submissions made by both the parties and have perused the material available on record. The recovered contraband is well below demarcated commercial quantity. In the given circumstances, the embargo contained under Section 37 of NDPS Act is not attracted in this case. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.
5. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court (Downloaded on 15/02/2024 at 08:46:42 PM) [2024:RJ-JD:7818] (3 of 3) [CRLMB-1847/2024] concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 560-divya/-
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