The High Court of Rajasthan granted bail to the petitioner arrested under the NDPS Act. The court noted the contraband quantity was below commercial limits, evidence relied on co-accused statements, and co-accused were already granted bail.
Release on bail on personally executed bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12566/2021 Virendr Singh @ Banna S/o Shri Hanuman Singh, Age 38 Years, R/o Ward No. 10 Tibbi, Police Station Tibbi, Dist. Hanumangarh, Raj.
(At Present Lodged In District Jail, Hanumangarh)
----Petitioner
Versus
State of Raj., Through PP
----Respondent
For Petitioner(s) : Mr. Manish Dadhich For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order
05/10/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.422/2021, Police Station Sangariya, District Hanumangarh, registered for the offences under Section 8/18, 29 of NDPS Act.
Heard and considered the arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that as per prosecution, one kg. ‘Opium’ recovered from the co-accused persons namely Sukhvinder Singh @ Sukha, Sumit @ Monu and Deepa Ram @ Deepu who has already been granted benefit of bail by this Court vide order dated 07.09.2021; petitioner was implicated only on the basis of statement of co-accused and there is no other evidence against the accused-petitioner except the statement of co-accused; recovered contraband is below commercial quantity; further investigation and the trial will take
(2 of 2)
[CRLMB-12566/2021]
time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accusedpetitioner.
Per contra, learned Public Prosecutor opposed the bail application but does not controvert the fact that there is no other evidence against the accused-petitioner except the statement of co-accused and recovered contraband is below commercial quantity.
Having regard to the facts and circumstances of the case, particularly to the fact that contraband was recovered from the coacused Sukhvinder Singh @ Sukha, Sumit @ Monu and Deepa Ram @ Deepu and they have already been granted benefit of bail by this Court vide order dated 07.09.2021; recovered contraband is below commercial quantity; further investigation and the trial will take sufficiently long 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-petitioner Virendr Singh @ Banna S/o Shri Hanuman Singh, arrested in connection with F.I.R. No.422/2021, Police Station Sangariya, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- and two sound and solvent surety bonds of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J
30-amit/-
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under the NDPS Act where the recovered drug quantity is below commercial and co-accused have been granted bail.
2 provisions across 2 enactments
Virendr Singh @ Banna
State of Raj.
Devendra Kachhawat H
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
