The High Court of Rajasthan allowed the bail application of Rajveer accused of offences under the NDPS Act. The court released him on bail with a personal bond and two sureties, without expressing an opinion on the merits of the case.
Petitioner released on bail with personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 8220/2021
Rajveer S/o Mandroop, Aged About 40 Years, R/o Raipur Jatan P.S. Singhana Dist. Jhunjhunu Raj. (At Present Confined In Dist. Sub Jail Khetri)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Eliyas Ali For Respondent(s) : Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/11/2021
This bail application has been filed by the accused petitioner under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No.78/2021 was registered at P.S. Singhana, District Jhunjhunu for the offences mentioned therein against the accused petitioner. During the course of investigation, the accused petitioner was arrested. Thereafter, he moved the bail application before the trial court, which vide impugned order dismissed the same. Hence, this bail application has been filed on behalf of the petitioner.
Learned counsel for the accused petitioner submits that the petitioner has been falsely implicated in the present case as he has nothing to do with the alleged incident. Learned counsel submits that alleged recovery of poppy plants has not been effected from the conscious possession of the petitioner. The land
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[CRLMB-8220/2021]
in question is not in exclusive possession / share of the petitioner. There is no allegation against the petitioner to sale the contraband article. The petitioner has been arrested by the police without complying with the provisions of Sections 42, 50 and 55 of the NDPS Act. Charge-sheet has since been filed. Further detention of the petitioner is not warranted. Counsel further submits that the accused petitioner is behind bars since long. Conclusion of the trial may likely to take time. Hence the accused petitioner be released on bail.
In support of his submissions, learned counsel has placed reliance on the following orders:
On the other hand, learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by the learned counsel for accused petitioner, note of the allegations levelled against the petitioner as also looking to the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application under Section 439 Cr.P.C. is allowed and it is directed that accused petitioner Rajveer S/o Mandroop shall be released on bail in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.50,000/-
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together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court with the stipulation that he shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.
(MADAN GOPAL VYAS),J
Sharma NK/5
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving alleged narcotic offences under the NDPS Act.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Rajveer S/o Mandroop
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
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