Allowed

Pawan Kumar v. State

Rajasthan HC21 Oct 2021CRLMB/14023/2021

Case brief

AI extract

What is this about?

This court allowed bail to the petitioner, who was in judicial custody faced with NDPS charges for 1 kg of opium. The court noted the quantity was below commercial threshold and co-accused were already on bail, ordered release subject to a personal bond of Rs. 1 lakh with two surety bonds.

What did the court decide?

Petitioner released on bail on furnishing one personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.

Pawan Kumar Vs State — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR.

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…..

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S.B. Criminal Misc. Bail Application No. 14023/2021.

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Pawan Kumar S/o Sant Lal, aged about 30 years, resident of Ward No. 1, Town Rajgarh Police Station Rajgarh District Churu, Rajasthan.

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(At Present Lodged In Sub District Jail, Rajgarh).)

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----Petitioner

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Versus

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State of Rajasthan through PP

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	----Respondent
For Petitioner(s)	: Mr. Vikas Bijarnia.
For Respondent(s)	: Mr. Mahipal Bishnoi,PP.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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21/10/2021

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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. 317/2021, Police Station Rajgarh, District Churu, registered for the offences punishable under Sections 8/18, 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

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

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(2 of 3)

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[CRLMB-14023/2021]

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Learned counsel for the petitioner stated that as per prosecution, 1 kg. of opium has been recovered from the accused-petitioner in the present case which is below commercial quantity; that benefit of bail has been granted to the co-accused persons, namely, Mahaveer and Anopchand; that the chargesheet has been filed; that the accused-petitioner is behind the bars since 18.08.2021; and that the trial will take time, therefore, benefit of bail may be granted to the accused- petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that earlier, nine (09) other cases have been registered against the accusedpetitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that the recovered quantity of the contraband in question is below commercial quantity; that the charge-sheet has already been filed; that the benefit of bail has already been granted to the co-accused persons, namely, Mahaveer S/o Shivnarayan Gurjar by this Court vide order dated 07.09.2021 (Bail Application No. 12008/2021) and Anopchand S/o Shivkaran by the co-ordinate Bench of this Court vide order dated 03.09.2021 (Bail Application No. 11570/2021); and that 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.

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(3 of 3)

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[CRLMB-14023/2021]

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Consequently, the bail application is allowed. It is ordered that the petitioners, Pawan Kumar S/o Sant Lal , arrested in connection with F.I.R. No. 317/2021, Police Station Rajgarh, District Churu, 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 Lac only) with two sound and solvent surety bonds of Rs.50,000/- (Rupees Fifty Thousand only) 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.

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(DEVENDRA KACHHAWAHA),J

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192-Mohan/-

Pawan Kumar v. State

Case brief

What is this about?

What did the court decide?

Pawan Kumar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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