This bail application regarding an NDPS offence was allowed by this Court. The petitioner was granted release on bail subject to furnishing a personal bond of Rs. 50,000 and two sureties.
Petitioner released on bail upon furnishing personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5500/2022
Sanjay Khan S/o Niwaras Ali, Aged About 24 Years, R/o Indra Colony Hanumangarh Town Tehsil And Dist. Hanumangarh (Presently Lodged At Dist. Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. Pankaj Kumar Gupta : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/05/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner in connection with F.I.R. No.51/2022, Police Station Hanumangarh Town, District Hanumangarh, registered for the offence under Sections 8/21 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that co-accused Sudhansu @ Shubham has already been enlarged on bail and the case of the petitioner is not distinguishable from him. It is also submitted that the contraband recovered in the present matter is below commercial quantity and therefore rigor of Section 37 of the NDPS is not attracted.
On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.
(2 of 2)
[CRLMB-5500/2022]
Considering the submissions, 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, Sanjay Khan S/o Shri Niwaras Ali, arrested in connection with F.I.R. No.51/2022, 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 Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five 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.
(FARJAND ALI),J
112-a.asopa/-
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a case involving offence under Sections 8/21 of NDPS Act.
3 provisions across 2 enactments
SANJAY KHAN
STATE OF RAJASTHAN
FARJAND ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
