High Court of Rajasthan granted bail to two petitioners charged under the NDPS Act. The Court, without deciding merits, deemed it just and proper to release them on personal bond with sureties pending trial.
Petitioners released on bail on personal bond of Rs. 1,00,000 each with two sureties of Rs. 50,000 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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2573/2022
Vishnu Singh S/o Sh. Babu Singh, Aged About 31 Years, R/o Malkheda, Police Bajor, P.s. Udhyog Nagar, Teh. And Dist. Sikar (Raj.). (At Present Lodged In Sub Jail, Raisinghnagar).
----Petitioner
Versus
Union Of India, Through Narcotics Control Bureau.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1097/2022 Vinod Choudhary S/o Moti Ram, Aged About 36 Years, Nearby Kumahar Dharamshalla, Rampura Basti, Lalgarh, Teh. And Dist. Bikaner. (Lodged In Sub Jail, Raisinghnagar).
----Petitioner
| Versus |
|---|
Union Of India Through Ncb, Through Ncb
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Varun Arora Mr. B. RayBishnoi |
| For Respondent(s) | : Mr. MR Pareek for NCB |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/05/2022
The petitioners has been arrested in connection with FIR No. VIII(IO)02/NCB/ASZ/2021 of Police Station NCB Ajmer, for the offence punishable under Sections 8/22 & 29 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.
Learned counsels for the petitioners submit that similarly situated co-accused Mahiram @ Mahi Ram and Shivjagat Saraswat have already been granted bail by the Co-ordinate Bench of this
(2 of 2)
[CRLMB-2573/2022]
Court and the case of present petitioners are similar to that of coaccused. Counsel further submits that no recovery was made from the possession of the accused-petitioners and petitioners were implicated with the aid of Section 8/29 of NDPS Act. Challan of the case has already been presented. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.
Learned counsel for NCB has opposed these bail applications.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Vishnu Singh S/o Sh. Babu Singh and (2) Vinod Choudhary S/o Moti Ram, shall be released on bail in connection with FIR No.VIII(IO)02/NCB/ASZ/2021 of Police Station NCB Ajmer, provided they execute a personal bond in a sum of Rs.1,00,000/each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
32-33-Ishan-raksha/-
2 issues framed by the court
Whether bail should be granted to petitioners charged under Sections 8/22 and 29 of the NDPS Act.
Whether the fact that similarly situated co-accused have been granted bail is a relevant consideration.
2 provisions across 2 enactments
Vishnu Singh
Vinod Choudhary
Union Of India
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
