Single judge bench allowed bail application under Section 439 Cr.P.C. in an NDPS case, directing petitioner to furnish a personal bond and two sureties without expressing opinion on merits.
Petitioner enlarged on bail upon furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to trial judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9317/2022
Vikram Singh S/o Dulhe Singh, Aged About 42 Years, R/o Guradiya Mana, Police Station Bhawani Mandi, District Jhalawar (Presently Confined At Central Jail Kota)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. Sameer Sharma For Respondent(s) : Mr. Babu Lal Nasuna, Deputy Government Counsel (Public Prosecutor)
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
01/08/2022
This bail application has been filed under Section 439 Cr.P.C in connection with FIR No.4/2022 registered at Police Station Bheemganjmandi, District Kota City for the offences under Sections 8/18 & 8/29 of NDPS Act.
Learned counsel for the petitioner submits that the petitioner is behind the bars since long and charge-sheet has been filed. The petitioner has no criminal antecedents. Counsel further submits that the alleged contraband has not been recovered from the petitioner. Hence, the petitioner may kindly be released on bail.
Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-9317/2022]
Considering the submissions made by learned counsel for the petitioner and taking into consideration overall facts and circumstances of the case but without expressing any opinion on the merits/demerits of the case, this court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the petitioner Vikram Singh S/o Dulhe Singh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each (out of which one surety shall be the resident of Kota District) to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J
Satyendra/20
1 issue framed by the court
Whether bail is just and proper for the petitioner in connection with offences under the NDPS Act.
2 provisions across 2 enactments
Vikram Singh
State Of Rajasthan
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
