High Court allowed the third bail application of an accused in a N.D.P.S. case, directing release on personal bond with sureties upon satisfaction of the trial court.
Petitioner granted bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to approval by the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 692/2019
Kalwantram S/o Sh. Bhagirath, Aged About 36 Years, B/c Vishnoi R/o. Ranjeetpura , P.S Bajju , Distt. Bikaner (Raj) (Presently Lodged In Sub Jail , Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner : Mr. B.Ray Bishnoi & Mr. M.L. Bishnoi For Respondent : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
29/08/2019
The present 3rd 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.77/2018, Police Station Rawla for the offence punishable under Section 8/18 of the N.D.P.S. Act.
The second bail application of the petitioner was dismissed on 28/09/2018 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, three witnesses have been examined. The petitioner has suffered incarceration for last more than one year. The contraband recovered is below commercial quantity. The conclusion of trial will take sufficiently
(2 of 2) [CRLMB-692/2019]
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 Kalwantram S/o Sh. Bhagirath, shall be released on bail in connection with FIR No. 77/2018, Police Station Rawla provided he furnishes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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
86-SanjayS/-
1 issue framed by the court
Whether the petitioner should be granted bail in a narcotics case involving contraband below commercial quantity after prolonged incarceration.
1 provisions across 1 enactments
Kalwantram S/o Sh. Bhagirath
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
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