Allowed

Balwant Singh @ Banta Singh v. State

Rajasthan HC4 Apr 2022CRLMB/2210/2022

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was allowed. The petitioner, charged with NDPS offence regarding below commercial quantity heroin, was granted bail after considering that a co-accused had already been granted bail and the trial would be lengthy.

What did the court decide?

Petitioner released on bail by furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Balwant Singh @ Banta Singh Vs State — Rajasthan HC (2022) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 2210/2022

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Balwant Singh @ Banta Singh S/o Shri Bhagat Singh, Aged About 34 Years, R/o Ward No. 11, Fatehpur, Police Station Sangriya, District Hanumangarh (Raj.) (At Present Lodged In District Jail, Hanumangarh)

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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
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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04/04/2022

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The present 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.23/2022, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence punishable under Section 8/21 of the NDPS Act.

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Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that as per prosecution, alleged contraband – heroin, weighing 10 gms. have been recovered from the co-accused Mohammad Sarvar @ Jhalad

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(2 of 3) [CRLMB-2210/2022]

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who has been granted benefit of bail; recovered contraband is below commercial quantity; charge-sheet in regard to the petitioner has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.

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Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that two other case of NDPS Act are registered and pending against the accusedpetitioner.

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Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; benefit of bail has been granted by this Court to co-accused Mohammad Sarvar @ Jhalad vide order dated 05.02.2022 (Bail Application No.1685/2022); charge-sheet has been filed; and trial of the case 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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Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Balwant Singh @ Banta Singh S/o Shri Bhagat Singh, arrested in connection with F.I.R. No.23/2022, Police Station Hanumangarh Town, District Hanumangarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of

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(3 of 3) [CRLMB-2210/2022]

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Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the 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.

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(DEVENDRA KACHHAWAHA),J

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22-Rashi/-

Balwant Singh @ Banta Singh v. State

Case brief

What is this about?

What did the court decide?

Balwant Singh @ Banta Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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