The High Court of Rajasthan granted bail to the petitioner who was lodged in District Jail for offences under the NDPS Act, subject to executing a personal bond with sureties.
Petitioner released on bail upon executing personal bond of Rs. 50,000 with two sound and solvent sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 922/2021
Mahendra Singh Inda S/o Shri Jawan Singh, Aged About 40 Years, Mithi Beri, Balesar House No. 17E/427, C.h.b. Police Station C.h.b., District Jodhpur. (Presently Lodged In District Jail, Jodhpur).
----Petitioner
Versus
State, Through P.p.
----Respondent
| For Petitioner(s) | : Mr Satya Prakash Sharma |
|---|---|
| For Respondent(s) | : Mr Mukhtiyar Khan,Public Prosecutor |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/01/2021
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.217/2020 of Police Station Rajiv Gandhi Nagar, Jodhpur for the offences punishable under Section 8/21 of the NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C. The first Bail Application (No.14424/2020) was dismissed as not pressed by this Court on 11.12.2020.
Learned counsel for the petitioner submits that the contraband in question is below commercial quantity. Learned counsel for the petitioner further submits that there are
(2 of 2) [CRLMB-922/2021]
antecedents but charge-sheet has already been filed in this case and there is only one previous case under NDPS Act.
Learned Public Prosecutor opposed the bail application but unable to refute the aforesaid submissions.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and 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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mahendra Singh Inda s/o Shri Jawan Singh shall be released on bail in connection with FIR No.217/2020 of Police Station Rajiv Gandhi Nagar, Jodhpur 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.
309-MMA/-
1 issue framed by the court
Whether bail should be granted to the petitioner arrested for offences under Sections 8/21 of the NDPS Act.
3 provisions across 2 enactments
Mahendra Singh Inda
State
PUSHPENDRA SINGH BHATI
As recorded by the court registry
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