Single judge allowed bail to the petitioner accused of NDPS offences. Court noted recovered quantity was below commercial limit and trial would take long. Petitioner released on personal bond and two sureties.
Petitioner released on bail on personal bond of Rs.100,000 and two sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4302/2022
Jagdev Singh S/o Jogendra Singh, Aged About 40 Years, R/o Sapurangarh, P.S. Julka, Dist. Patiyala, Punjab. (At Present Lodged In Dist. Jail, Churu).
----Petitioner
Versus
State of Rajasthan, through PP
| For Petitioner(s) | -- : Mr. Rohit Kaswan |
--Respondent |
|---|---|---|
| For Respondent(s) | : Mr. S.S. Rajpurohit,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/04/2022
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.99/2022, Police Station Taranagar, District Churu, registered for the offence punishable under Section 8/15 of the NDPS Act.
Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that as per prosecution, alleged contraband – poppy husk/straw, weighing 5 kgs. have been recovered from the petitioner which is below commercial quantity; as per para 4 of the rejection order, no other case is registered against the petitioner; petitioner is behind the bars since 24.03.2022; further investigation and trial will take
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[CRLMB-4302/2022]
time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accusedpetitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; further investigation 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.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Jagdev Singh S/o Jogendra Singh, arrested in connection with F.I.R. No.99/2022, Police Station Taranagar, District Churu, 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) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each (one shall be a local surety) 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
54-Rashi/-
2 issues framed by the court
Whether the petitioner, accused of possessing poppy husk below commercial quantity, deserves bail with bond and sureties.
Whether the delay in investigation and trial due to future proceedings justifies granting bail in a narcotics case.
1 provisions across 1 enactments
Jagdev Singh S/o Jogendra Singh
State of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
