Single Judge Bench allowed bail applications filed under Section 439 Cr.P.C. for petitioner accused under NDPS Act, granting bail upon furnishing personal bond and bank guarantees.
Enlargement on bail with personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15511/2021
Mohd. Islam S/o Mohd. Sadik, Aged About 41 Years, R/o Bade Bazaar Kunjada Gali Jahalwar Ps Kotwali Dist. Jhalawar At Present Aslam Bhai Ka Makan Indian Petrol Pump Ke Pass Anantpura Ps Anantpura Kota City At Present Confined In Central Jail Kota
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
21/10/2021
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.212/2021 registered at Police Station Nayapura, Kota City for the offence(s) under Sections 8/20 and 8/25 of NDPS Act.
Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since 4.7.2021. Charge sheet has been filed against the petitioner. Recovered contraband article is less than commercial quantity and conclusion of trial may take long time. Hence, the petitioner be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of
(2 of 2) [CRLMB-15511/2021]
the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mohd. Islam S/o Mohd. Sadik shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J
Brijesh 57.
2 issues framed by the court
Whether the petitioner should be granted bail in the ongoing trial under Sections 8/20 and 8/25 of NDPS Act given the commercial quantity of contraband involved.
Whether the petitioner, who has been in custody since 4.7.2021, should be enlarged on bail prior to the filing of the final charge sheet.
1 provisions across 1 enactments
Mohd. Islam S/o Mohd. Sadik
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
