Sher @ Sheru Mohammad Gauri vs State Of Rajasthan

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2022 Supreme(Raj) 1208

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Sher @ Sheru Mohammad Gauri – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 7485 of 2022
Decided On : 03-06-2022

Important Points

The court may grant bail based on the totality of the facts and circumstances of the case and the likely duration of the proceedings, without expressing any opinion on the merits of the case.

Subject

Criminal Law - Bail Proceedings

Act Referred

CRIMINAL PROCEDURE CODE : S.439
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.15, S.8
RAILWAYS ACT : S.153, S.154, S.174

Headnote

NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the totality of the facts and circumstances of the case, the fact that the conclusion of the proceedings is likely to take some time, and without expressing any opinion on the merits of the case.

Fact of the Case:

The petitioner was arrested for offences under Section 8/15 of NDPS act and Sections 153, 154, 174 of Indian Railway act. The bail application was filed under Section 439 Cr.P.C.

Finding of the Court:

The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case and the likely duration of the proceedings, without expressing any opinion on the merits of the case.

Issues: Bail application under Section 439 Cr.P.C.

Ratio Decidendi: Granting bail based on the totality of the facts and circumstances of the case and the likely duration of the proceedings, without expressing any opinion on the merits of the case.

Final Decision: The bail application filed under Section 439 Cr.P.C. is allowed, and the accused petitioner is directed to be released on bail upon fulfilling certain conditions.

Advocates appeared:
Ramdeen Choudhary, Advocate, Mukesh Trivedi, Advocate

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - This Court has perused the material available on record.

2. The petitioner has been arrested in FIR No.261/2018 of Police Station Pipar City, Jodhpur for the offences punishable under Section 8/15 of NDPS act and Sections 153, 154, 174 of Indian Railway act. He has preferred this bail application under Section 439 Cr.P.C.

3. Counsel for the petitioner submits that the contraband in question is below commercial quantity and there is no previous criminal antecedent of the petitioner. Therefore, it is prayed that the petitioner may be released on bail.

4. Learned Public Prosecutor though opposes the bail application but is unable to refute the aforesaid factual matrix.

5. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sher @ Sheru Mohammad Gauri S/o Sh. Majid Gauri shall be released on bail in connection with FIR No.261/2018 of Police Station Pipar City, Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.