The High Court allowed bail applications filed by two accused persons arrested under Sections 8, 21 and 29 of the NDPS Act. The court released them on bail pending trial.
Petitioners released on bail requiring personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each complying with Section 437(3) Cr.P.C. conditions.
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. 3924/2021
Bajrang Lal S/o Mangilal Swami, Resident Of Singhaniya, Police Station Jhalarapatan, District Jhalawar (Raj.) (At Present Petitioner Confined At District Jail Jhalawar)
----Accused-Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3925/2021 Trilok Chand S/o Mohanlal Goswami, Resident Of Sindhaniya Police Station Jhalarapatan District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.)
----Accused-Petitioner
Versus
State Of Rajasthan, Through PP
| ----Respondent | ||
|---|---|---|
| For Petitioner(s) | : | Mr. Pranay Raj Singh Jhala, Mr. Rohit Khandelwal |
| For Respondent(s) | : | Mr. PankajAgarwal,P.P. |
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/04/2021
The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.77/2021 registered at Police Station Aklera, Jhalawar, District Jhalawar (Rajasthan) for the offence under Section(s) 8, 21 & 29 of NDPS Act.
Learned counsels for the petitioners contended that the contraband allegedly recovered from their possession is less than
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[CRLMB-3924/2021]
commercial quantity. They submitted that the petitioners are in custody since 08.02.2021, charge sheet has been filed, they have no criminal antecedents of like nature, co-accused person has been extended benefit of bail by this Court and prayed for their release on bail.
Opposing the bail applications, learned Public Prosecutor submitted that both the petitioners have criminal antecedents and hence, they do not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the petitioners, the nature of allegation against them, their length of custody, filing of charge sheet, the contraband recovered from their possession being less than commercial quantity, absence of criminal antecedents of like nature and release of co-accused person on bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Bajrang Lal S/o Mangilal Swami & 2. Trilok Chand S/o Mohanlal Goswami shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
However, looking to their criminal antecedents and nature of offence, it is made clear that in case the petitioners are found
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[CRLMB-3924/2021]
involved in offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to them by this Court.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /05 & 06
2 issues framed by the court
Whether the petitioners are entitled to bail under Section 439 Cr.P.C. considering the nature of offence and their criminal antecedents.
Whether bail should be granted in cases involving contraband of less than commercial quantity where co-accused bail has been allowed.
Colour shows how this judgement treated each authority
N/AReferred
3 provisions across 2 enactments
Bajrang Lal S/o Mangilal Swami
Trilok Chand S/o Mohanlal Goswami
State Of Rajasthan
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
