Hassan Khan filed a third bail application under Section 439 Cr.P.C. for offences u/s 8/21, 29 of NDPS Act and Drugs and Cosmetics Act involving cough syrup recovery.
Petitioner to be released on bail by executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. III Bail No. 8471/2018
Hassan Khan S/o Nawle Khan, Aged About 35 Years, B/c Musalman, R/o Ward No. 4, Minyon Ki Dhani Purani Abadi Tehsil and Distt. Sriganganagar.
(Presently Lodged At Central Jail, Hanumangarh)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Ashok Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
16/11/2018
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.153/2017 of Police Station Sangharia, Distt. Hanumangarh for the offences punishable under Sections 8/21 and 29 of the NDPS Act read with Section 18C/27-B of the Drugs and Cosmetics Act. He has preferred this third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, 250 bottles of cough syrup were recovered from co-accused Mahendra Singh and the allegation against the petitioner is to the effect that he had
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[CRLMB-8471/2018]
supplied the said 250 bottles of cough syrup to co-accused Mahendra Singh. It is further submitted that co-accused Mahendra Singh has already been enlarged on bail. 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 petitioner under Section 439 Cr.P.C.
Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner – Hassan Khan S/o Nawle Khan shall be released on bail in connection with FIR No.153/2017 of Police Station Sangharia, Distt. Hanumangarh provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(VIJAY BISHNOI),J
ms rathore
3 issues framed by the court
Whether bail should be granted to the petitioner charged under the NDPS Act and Drugs and Cosmetics Act in his third bail application.
Whether the petitioner's execution of a personal bond with sureties is sufficient condition for release on bail.
Whether the totality of facts and circumstances warranted granting bail without expressing an opinion on the merits.
3 provisions across 3 enactments
Hassan Khan
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
