The Rajasthan High Court allowed a third bail application filed under Section 439 Cr.P.C. by Gurnam Singh involved in NDPS, releasing him on personal bond with two sureties after recording witness statements.
Petitioner released on bail via personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 1462/2019
Gurnam Singh S/o Shri Balvinder Singh, Aged About 42 Years, B/c Jatsikh, R/o Nising, Police Station Nising, District Karnal, Hariyana. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
21/08/2019
The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.234/2018, Police Station Sadar Nimbaheda, District Chittorgarh for the offence punishable under Section 8/18 of the NDPS Act.
The second bail application of the petitioner was dismissed on 03/11/2018 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, statements of nine witnesses have been recorded before the trial Court. The recovery of the contraband from the petitioner is below commercial quantity. The petitioner is suffered incarceration for more than one
(2 of 2) [CRLMB-1462/2019]
year. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes 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, the 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gurnam Singh S/o Shri Balvinder Singh, shall be released on bail in connection with FIR No. 234/2018, Police Station Sadar Nimbaheda, District Chittorgarh provided he furnishes a personal bond in a 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.
(VINIT KUMAR MATHUR),J
67-SanjayS/-
2 issues framed by the court
Whether petitioner in custody NDPS offence below commercial quantity be granted third bail.
Conditions for furnishing bond and sureties for bail.
2 provisions across 2 enactments
Gurnam Singh S/o Shri Balvinder Singh
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
