Single Judge Bench in Rajasthan High Court allowed bail to the petitioner accused of NDPS offences. The Court released him on personal bond only, subject to furnishing sureties later, citing lockdown challenges.
Petitioner released on bail; personal bond required; sureties to be furnished by 30.05.2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1978/2020
Jitu @ Jitendra Singh S/o Roop Singh Rajput, Aged About 25 Years, Resident Of Richha, Police Station Arnod, District Pratapgarh. (At Present Lodged In District Jail Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Charan, through Jitsi Meet App For Respondent(s) : Mr. Gaurav Singh, PP, through Jitsi Meet App
JUSTICE DINESH MEHTA
Order
13/05/2020
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.137/2018, Police Station Chhoti Sadri, District Pratapgarh, for the offences under Sections 8/15, 25, 29 NDPS Act.
Learned counsel for the petitioner submits that at the time of recovery of the contraband substance, the main accused has not even taken petitioner’s name. Thereafter, during investigation, that too on the basis of statements of the person upon whom allegation of supply of contraband substance was made, the petitioner has been roped in.
It is also submitted that the persons, named in the FIR, who are at a worse footing (Ajay Singh and Vinod Kumar) have already been enlarged on bail by this Court.
(2 of 2)
[CRLMB-1978/2020]
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Jitu @ Jitendra Singh S/o Shri Roop Singh, arrested in FIR No.137/2018, Police Station Chhoti Sadri, District Pratapgarh shall be released on bail on his furnishing personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.
This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 30.05.2020 to the satisfaction of the learned trial Court.
It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.
Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.
(DINESH MEHTA),J
4-skm/-
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. in connection with offences under Sections 8/15, 25, 29 NDPS Act.
Whether the requirement to furnish two sureties may be dispensed with due to the COVID-19 lockdown circumstances.
2 provisions across 2 enactments
Jitu @ Jitendra Singh
State of Rajasthan
DINEH MEHTA
As recorded by the court registry
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