Allowed

Boota Singh v. State

Rajasthan HC23 Oct 2021CRLMB/13766/2021

Case brief

AI extract

What is this about?

This order grants bail to the petitioner in a bail application under Section 439 Cr.P.C. The petitioner was arrested for offences under Sections 8/15 and 29 of the NDPS Act. The court noted the recovered quantity was below commercial limit and a co-accused had already been granted bail, ordering the petitioner's release subject to bail conditions.

What did the court decide?

Petitioner released on bail on Rs. 1 lakh bond with two sureties of Rs. 50,000 each before trial court.

Boota Singh Vs State — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail Application No. 13766/2021

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Boota Singh S/o Sh. Darshan Singh, Aged About 36 Years, 02, B.W.S.M., Baruwala Police Station Sameja Kothi, District Sri Ganganagar (Raj.). (At Present Lodged In Sub Jail, Sri Karanpur).

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s) : Mr. Trilok Joshi For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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23/10/2021

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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. 170/2021, Police Station Kesrisinghpur, District Sriganganagar, registered for the offences under Sections 8/15 & 29 of the NDPS Act.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that as per prosecution, alleged contraband poppy husk weighing 4 kgs. recovered from the co-petitioner Gurmel Singh @ Gailu who has been granted benefit of bail by this Court vide order dated 13.09.2021; recovered quantity is below commercial quantity; accused-petitioner is behind the bars since 08.09.2021; no investigation and recovery is pending against the accused-

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(2 of 2)

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[CRLMB-13766/2021]

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petitioner and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application and stated that earlier two other cases have been registered against the accused-petitioner. Learned PP further stated that out of two cases, one case is punishable for the offence under Section 8/15, 25 & 29 of NDPS Act.

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Having regard to the facts and circumstances of the case, particularly to the fact that recovered quantity is below commercial quantity; benefit of bail has been granted by this Court to co-accused Gurmel Singh @ Gailu vide order dated 13.09.2021; further investigation and 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.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Boota Singh S/o Sh. Darshan Singh, arrested in connection with F.I.R. No. 170/2021, Police Station Kesrisinghpur, District Sriganganagar, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of the 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.

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(DEVENDRA KACHHAWAHA),J

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51-/Akshay/-

Boota Singh v. State

Case brief

What is this about?

What did the court decide?

Boota Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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