Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1292

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Dr.Pushpendra Singh Bhati, J.
Girdhari Ram – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6583 of 2022
Decided On : 31-05-2022

Advocates appeared:
Dharmveer Choudhary, Advocate, Amit Gaur, Advocate, Anil Joshi, Advocate

The court considered the nature of the contraband and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner in granting bail under Section 439 Cr.P.C.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C. considering the contraband in question to be below commercial quantity and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner.
Fact of the Case:

The petitioner was arrested in connection with an offence punishable under Section 8/20 of the NDPS 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., considering the totality of the facts and circumstances of the case and the likelihood of the proceedings taking some time.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the nature of the contraband and the absence of previous criminal antecedents related to the offence under the NDPS act against the petitioner.
Final Decision: The bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

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

2. The petitioner has been arrested in connection with FIR No.161/2021 of Police Station Beechwal, District Bikaner for the offence punishable under Section 8/20 of the NDPS act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner submits that the contraband in question is below commercial quantity and there are no previous criminal antecedents, pertaining to the offence under the NDPS act against the present petitioner.

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 - Girdhari Ram @ Vinod Kumar S/o Hadmana Ram shall be released on bail in connection with FIR No.161/2021 of Police Station Beechwal, District Bikaner, 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.

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