Single Judge bail application allowed by granting release to petitioner arrested under NDPS Act, noting contraband was below commercial quantity and other pending case had charge-sheet filed, directing personal bond with sureties.
Petitioner released on bail via personal bond of Rs.50,000/with two sureties of Rs.25,000/-each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Second Bail Application No. 514/2021
Vishnu Kumar S/o Sh. Rajaram, Aged About 26 Years, R/o Dhangad, P.s. Sadar, Fatehbad, District Fatehbad (Haryana). (At Present Lodged In District Jail, Churu).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. L.K. Ramdhari |
|---|---|
| For Respondent(s) | : Mr. Mahipal Bishnoi, PP assisted by |
| Mr. Avinash Godara,for the State. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/01/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.104/2020 of Police Station Dhudhwakhara, District Churu for the offence punishable under Section 8/15 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner makes a categorical submission that the contraband in question is below commercial quantity, and though there was one more criminal case pending
(2 of 2)
[CRLMB-514/2021]
against the present petitioner, but in the said case, charge-sheet has already been filed.
Learned Public Prosecutor though opposes the bail application, but is not in a position to refute the aforesaid factual matrix.
Having regard to the totality of the facts and circumstances of the case as also the fact that the contraband in question is below commercial quantity, and though there was one more criminal case pending against the present petitioner, but in the said case, charge-sheet has already been filed and conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Vishnu Kumar S/o Sh. Rajaram shall be released on bail in connection with FIR No.104/2020 of Police Station Dhudhwakhara, District Churu provided he executes a personal bond in a sum of Rs.50,000/with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.
(DR.PUSHPENDRA SINGH BHATI),J.
131-SKant/-
1 issue framed by the court
Whether bail should be granted to the accused where contraband is below commercial quantity and proceedings in another case are pending.
2 provisions across 2 enactments
Vishnu Kumar S/o Sh. Rajaram
State Of Rajasthan
Dr. Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
