Rajasthan High Court - Jodhpur
Radheshyam Paliwal Raju vs State Of Rajasthan (2023/Rjjd/006610) on 14 March, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/006610]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2394/2023
Radheshyam Paliwal Raju S/o Shankar Lal Paliwal, Aged About
39 Years, Choudhrinyo Ka Bass, Baap, P.s. Baap, Dist. Jodhpur.
(At Present Lodged In Sub Jail, Srikaranpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Prem Shankar, petitioner's
brother, present in person
For Respondent(s) : Mr. Anil Joshi, AAG
HON'BLE DR. JUSTICE NUPUR BHATI
Order 14/03/2023
1. The lawyers are abstaining from work on account of strike.
2. This application for bail has been filed by the petitioner under Section 439 of Cr.P.C. in connection with FIR No.04/2023, Police Station Kesrisinghpur, District Sriganganagar for the offences under Sections 8/15 and 29 of the NDPS Act.
3. Mr. Prem Shankar petitioner's brother appearing on behalf of the petitioner submits that the petitioner has been wrongly implicated in the case. He further submits that the quantity of contraband in question is below commercial quantity and there are no criminal antecedents of the petitioner under the NDPS Act except that there are two cases pending against him under Section 13 of the Rajasthan Public Gambling Ordinance Act. He (Downloaded on 15/03/2023 at 12:29:28 AM) [2023/RJJD/006610] (2 of 2) [CRLMB-2394/2023] further submits that the contraband in question has not recovered from the petitioner.
4. Learned Public Prosecutor opposes this bail application but is unable to refute the aforesaid factual matrix.
5. Heard petitioner's brother present in person and learned Public Prosecutor and also perused the material available on record.
6. This Court having regard to the facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, is of the opinion that the bail application filed by the petitioner deserves to be accepted.
7. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Radheshyam Paliwal Raju S/o Shankar Lal Paliwal, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(DR.NUPUR BHATI),J 40-Hanuman/-
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