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2022 Supreme(Raj) 2341

CHANDRA KUMAR SONGARA
Chhittarmal – Appellant
Versus
State Of Rajasthan, Through P. P. – Respondent


Advocates appeared:
Mr. Faheem Akhtar, for the Appellant
Mr. G.S. Rathore, GA-Cum-AAG, for the Respondent.

ORDER

1. This bail application has been filed under Section 439 of Cr.P.C. in connection with FIR No. 146/2022 registered at Police Station Lambaharisingh, District Tonk for the offence under Sections 8/18 of NDPS Act.

2. It is submitted by learned counsel for the petitioner that as per FIR, recovered contraband is less than commercial quantity. The petitioner is an old aged person of 60 years and he is behind the bars since long. As per rejection bail order, he has no criminal antecedents. Therefore, looking the facts and circumstances of the case, accused-petitioner may be released on bail.

3. Learned Public Prosecutor has opposed the bail application.

4. Heard and perused the material available on record.

5. Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.

6. Accordingly, the bail application under Section 439 of Cr.P.C. is allowed and it is ordered that the accused-petitioner Chhittarmal S/o Jwara @ Hariram shall be enlarged on bail; provided he furn

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