The High Court allowed the petitioner's third bail application under Section 439 Cr.P.C. in an NDPS case. Noting the quantity was below commercial, charges were framed, and trial would take time, the court released the petitioner on bail with a bond and sureties.
Petitioner released on bail on a bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 3rd Bail Application No. 1425/2022
Pappu S/o Sh. Ratana, Aged About 21 Years, R/o Fatehpura, P.S. Kotwali Doongarpur, Dist. Doongarpur. (At Present Lodged In Dist. Jail, Doongarpur).
----Petitioner
Versus
State of Rajasthan through PP
| For Petitioner(s) | : Mr. R.S. Chouhan |
----Respondent |
|---|---|---|
| For Respondent(s) | : Mr. Mukhtiyar Khan, |
PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/02/2021
The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.183/2021, Police Station Kotwali Doongarpur, District Doongarpur, registered for the offence punishable under Section 8/21 of the NDPS Act.
Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.8717/2021) vide order dated 04.08.2021, liberty was granted to the petitioner to file a fresh bail application after filing of the charge-sheet and at the time of
(2 of 3) [CRLMB-1425/2022]
rejection of second bail application (No.14127/2021) vide order dated 23.10.2021, liberty was granted to the petitioner to file a fresh bail application after framing of charges; thereafter, charges have been framed against the petitioner on 05.01.2022; a certified copy of the order in regard to framing of charges is available on record; as per prosecution, alleged contraband, smack, weighing 20 grams have been recovered from the petitioner which is below commercial quantity; and trial of the case will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that four other cases of similar nature have been registered against the accusedpetitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered quantity is below commercial quantity; charge-sheet has been filed; charges have been framed against the accused-petitioner; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
(3 of 3)
[CRLMB-1425/2022]
Consequently, the third bail application is allowed. It is ordered that the petitioner, Pappu S/o Sh. Ratana, arrested in connection with F.I.R. No.183/2021, Police Station Kotwali Doongarpur, District Doongarpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J
81-Rashi/-
1 issue framed by the court
Whether to grant third bail to the petitioner charged with offences under the NDPS Act where the quantity is below commercial.
2 provisions across 2 enactments
Pappu S/o Sh. Ratana
State of Rajasthan through PP
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
