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2023 Supreme(Raj) 1073

MANOJ KUMAR GARG
Gopal Das – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Shambhoo Singh Rathore, Advocate, Mukhtiyar Khan, Advocate

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.216/2022 of Police Station Rohida, District Sirohi for the offence punishable under Section 8/20 of the N.D.P.S. Act.

2. Learned counsel for the petitioners submits that the recovered contraband is below commercial quantity. The petitioners are in judicial custody and the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail may be granted to the accused-petitioners.

3. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

4. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners - (1) Gopal Das S/o Sh. Shankar Das Vaishnav and (2) Lalit Kumar S/o Sh. Magan Das Vaishnav, shall be released on bail in connection with F.I.R. No.216/2022 of Police Station Rohida, District Sirohi provided each of the

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