Allowed

Harvinder Singh v. State of Rajasthan

Rajasthan HC5 Feb 2022CRLMB/1610/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner arrested in a narcotics case under Section 8/15 of NDPS Act. The court noted the recovered quantity was below commercial level, a charge-sheet was filed, and the trial would be protracted, allowing the withdrawal of the earlier non-grant order despite pending cases.

What did the court decide?

The petitioner Harvinder Singh shall be released on bail, subject to a personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each, provided he is not wanted in any other case.

Harvinder Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 1610/2022

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Harvinder Singh S/o Shri Darshan Singh, Aged About 30 Years, R/o Raiond Kalla, Police Station Boha, District Bansa (Punjab) (At Present Lodged In Central Jail, Bikaner)

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s)	: Mr.	KuldeepSharma through VC
For Respondent(s)	: Mr.	Vikram Sharma,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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05/02/2022

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In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

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The present second 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.239/2021, Police Station Bajju, District Bikaner, registered for the offence punishable under Section 8/15 of the NDPS Act.

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Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record.

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(2 of 3) [CRLMB-1610/2022]

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Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.331/2021) vide order dated 17.01.2022, liberty was granted to the petitioner to file a fresh bail application after filing of the charge-sheet; thereafter, chargesheet has been filed; as per prosecution, alleged contraband, poppy husk, weighing 22 kgs. have been recovered from the possession of the petitioner; recovered contraband is below commercial quantity; benefit of bail has been granted to coaccused by learned trial Court; 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.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that five other cases have been registered against the accused-petitioner out of which, four cases are registered for the offence punishable under Sections 15/61/85 of the NDPS Act.

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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; 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.

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(3 of 3)

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[CRLMB-1610/2022]

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Consequently, the second bail application is allowed. It is ordered that the petitioner, Harvinder Singh S/o Shri Darshan Singh, arrested in connection with F.I.R. No.239/2021, Police Station Bajju, District Bikaner, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lacs only) with two sound and solvent sureties of Rs.1,00,000/- (Rupees One Lac only) each [one surety shall be a local] 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.

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(DEVENDRA KACHHAWAHA),J

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21-Rashi/-

Harvinder Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harvinder Singh v. State of Rajasthan

Case brief

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What did the court decide?

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