HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

…..

S.B. Criminal Misc. Bail Application No. 3490/2022

Narsi Gadhwal @ Naresh S/o Sahiram, aged about 26 years, R/o

Chandedi Badi, Tehsil Rawatsar, Police Station Pallu, District

Hanumangarh.

(At present lodged at Sub Jail, Nohar)

----Petitioner

Versus

State Of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Jogendra Singh.

For Respondent(s)

:

Mr. Arun Kumar, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

15/03/2022

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No. 40/2022, Police Station Pallu, District

Hanumangarh, registered for the offences punishable under

Sections 8/22 & 29 of the Narcotic Drugs and Psychotropic

Substances (NDPS) Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that as per

prosecution, 21 grams of Lorazepam tablets [(NRx 30 Tablet

Lorazepam Tablets I.P. 2 mg) (30 strips each having 10 tablets,

total 300 tablets)] have been recovered from the accused-

petitioner which is non-commercial quantity; that the as per para

(2 of 2)

[CRLMB-3490/2022]

number 5 of the rejection order, earlier no case has been

registered against the accused-petitioner; that the accused-

petitioner is in judicial custody since 22.02.2022; and that further

investigation and trial will take time, therefore, benefit of bail may

be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that the recovered quantity of the

contraband in question is below commercial quantity; that the

accused is under incarceration since 22.02.2022; and that further

investigation and trial will take sufficiently long time, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the petitioner, Narsi Gadhwal @ Naresh S/o Sahiram,

arrested in connection with F.I.R. No. 40/2022, Police Station

Pallu, District Hanumangarh, shall be released on bail, if not

wanted in any other case, provided he furnishes a personal bond

of Rs. 1,00,000/- (Rupees One Lac only) with two sound and

solvent surety bonds of Rs.50,000/- (Rupees Fifty Thousand only)

each to the satisfaction of the learned Trial Court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J

S-170-Mohan/-