Criminal petitioner challenged his arrest under NDPS Act charges. The Hon'ble Bench granted bail under Section 439 Cr.P.C. without expressing opinion on merits, noting a co-accused was already on bail, and directed release on personal bond with sureties.
Petitioner released on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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[2023/RJJD/006415]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 11737/2022
Shyam Singh S/o Mohan Singh, Aged About 35 Years, R/o Nyola PS Sadar Fazilka Dist. Fazilka Punjab (Presently Is In J.C. In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| Petitioner’s Brother - Self | : Mr. Mangal Singh |
|---|---|
| For Respondent(s) | : Mr. B. R. Bishnoi, PP |
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/03/2023
Heard.
The petitioner has been arrested in FIR No.139/2019 of Police Station Chhatargarh, District Bikaner for the offences punishable under Sections 8/15, 25, 29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
Mr. Mangal Singh, petitioner’s brother, present in person has submitted that as per the prosecution story, the Police has intercepted the petitioner and one Buta Singh while they were transporting 100 KG of poppy straw. It is also submitted that coaccused Buta Singh has already been enlarged on bail by a Co-ordinate Bench of this Court and case of the petitioner is not distinguishable from the said co-accused, therefore, he may be enlarged on bail.
(2 of 2)
[2023/RJJD/006415]
[CRLMB-11737/2022]
Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that similarly situated co-accused Buta Singh has already been enlarged on bail.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shyam Singh S/o Mohan Singh shall be released on bail in connection with FIR No.139/2019 of Police Station Chhatargarh, District Bikaner provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/each to the satisfaction of 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.
(VIJAY BISHNOI),J
55-AjaySingh/-
2 issues framed by the court
Whether the petitioner should be granted bail under Section 439 Cr.P.C. considering the similar treatment of a co-accused.
Whether the petitioner is eligible for bail in connection with FIR No.139/2019 charged under NDPS Act.
2 provisions across 2 enactments
Shyam Singh S/o Mohan Singh
State Of Rajasthan, Through PP
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
