This order grants bail to a petitioner charged under the NDPS Act. The court noted the drug quantity was below commercial level and only one prior case was pending, allowing release subject to bond and sureties.
Petitioner released on bail upon furnishing a personal bond of ₹1,00,000 and two sureties of ₹50,000 each to the satisfaction of the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4162/2022
Balvinder S/o Sh. Pyara Singh, Aged About 36 Years, R/o P.S. Sadar Hisar, Tehsil & District Hisar (Haryana). (At Present Lodged in Sub Jail, Nohar).
----Petitioner
Versus
State of Rajasthan through PP
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : | Mr. Suresh Nehra | |
| For Respondent(s) | : | Mr. S.S. Rajpurohit, Mr. Avinash Godara |
PP along with |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order
01/04/2022
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.52/2022, at Police Station Gogamedi, District Hanumangarh Junction, registered for the offence punishable under Sections 8/21, 29 of NDPS Act.
Heard learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that as per prosecution, 8 grams heroin from the co-accused Rohtash has been recovered along with one electric scale (dkaVk), one mobile phone and ₹2900/- and 11 grams heroin recovered from the coaccused Sonu; recovered alleged controverted is below commercial quantity; as per prosecution, the said contraband was supplied by the petitioner; except to the statements of co-accused persons, no other evidence is available against the petitioner;
(2 of 2)
[CRLMB-4162/2022]
petitioner is behind the bars since 23.03.2022. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor opposed the bail application and stated that earlier, four other cases have been registered against the accused petitioner out of which, in two cases he has already been acquitted but he has been convicted in one case punishable for the offence under Sections 16, 14 of the Rajasthan Excise Act, hence, one case is pending against the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly to the facts that recovered alleged contraband is below commercial quantity; that only one case is pending against the accused-petitioner; further investigation 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.
Consequently, the present bail application is allowed. It is ordered that the accused-petitioner – Balvinder S/o Sh. Pyara Singh , arrested in connection with F.I.R. No.52/2022, at Police Station Gogamedi, District Hanumangarh Junction, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of 1,00,000/- (Rupees One Lakh) and₹ two sound and solvent sureties (out of which one shall be a local surety) of ₹50,000/- (Rupees Fifty Thousand) 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.
(DEVENDRA KACHHAWAHA),J
148-Arvind/-
1 issue framed by the court
Whether the petitioner is entitled to bail in the NDPS charge given the quantity of drugs and pending prior cases.
2 provisions across 2 enactments
Balvinder S/o Sh. Pyara Singh
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
