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2022 Supreme(Raj) 2654

MADAN GOPAL VYAS
Ashok Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Laxman Bishnoi, Advocate, Vikram Sharma, Advocate

JUDGMENT

Madan Gopal Vyas, J. - The petitioner has been arrested in connection with FIR No.401/2022 of Police Station Dhorimanna, District Barmer for the offences punishable under Section 8/21 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that recovered contraband is below commercial quantity. The accused-petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application.

3. 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 petitioner under Section 439 Cr.P.C.

4. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Ashok Kumar S/o Uda Ram shall be released on bail in connection with FIR No. 401/2022 of Police Station Dhorimanna, District Barmer provided he executes

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