Joint bail application allowed for two petitioners in rural police custody charged under NDPS Act. Court noted recovered quantity was below commercial threshold and anticipated delay in trial, granting bail without adjudicating merits of the case.
Released on bail provided they furnish personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7312/2020
(At Present Lodged In Sub Jail, Anupgarh).
----Petitioners
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. D.S Thind For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
13/08/2020
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.230/2020, Police Station Anupgarh, District Sri Ganganagar, registered for the offence under Sections 8/15 and 25 of NDPS Act.
Heard learned counsel for the petitioner. Perused the material available on record.
Learned counsel for the petitioner stated that alleged contraband recovered from the petitioners is below commercial quantity; petitioners have falsely been implicated in this case; no recovery is pending against the petitioners; petitioners are in
(2 of 2)
[CRLMB-7312/2020]
judicial custody since 07.07.2020 and that the trial will take time, therefore, benefit of bail may be granted to the petitioners.
On the contrary, learned Public Prosecutor has opposed the bail application and stated that serious allegations of NDPS Act are leveled against the accused-petitioners, therefore, benefit of bail may not be granted to the accused-petitioners.
Having regard to the facts and circumstances of the case, particularly looking to fact that recovered quantity is below commercial quantity; trial of the case will take 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 accused-petitioners (1) Dinesh Kumar S/o Mangi Lal and (2) Gurlal Singh S/o Magar Singh, arrested in connection with F.I.R. No.230/2020, Police Station Anupgarh, District Sri Ganganagar, shall be released on bail provided each of them furnish a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of Rs.50,000/- (Rupess Fifty Thousand) only each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
10-akshay/-
2 issues framed by the court
Whether bail should be granted to the petitioners accused of offences under the NDPS Act.
Whether the recovery of contraband being below commercial quantity warrants release on bail.
2 provisions across 2 enactments
Dinesh Kumar S/o Mangi Lal
Gurlal Singh S/o Shri Magar Singh
State Of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
