Single judge of Rajasthan High Court allowed bail applications filed by two petitioners arrested under NDPS Act. Court held applications deserve acceptance without opinion on merits and granted release on personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
Release on bail conditioning personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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[2023:RJ-JD:37188]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13784/2023
Ganga Singh S/o Shri Shaitan Singh Rajput, Aged About 60 Years, R/o Vill. Mangrod Ps Role Dist. Nagaur Raj. Presently Lodged In Dist. Jail Chittorgarh
----Petitioner
Versus
State Of Rajastan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13785/2023 Umesh S/o Shri Amaru Thori, Aged About 40 Years, R/o Vill. Movayee Ps Kotari Dist. Pratapgarh Raj. Presently Lodged In Dist. Jail Chittorgarh
----Petitioner
Versus
State Of Rajastan, Through PP
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore. For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
02/11/2023
These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.257/2023 registered at Police Station Gangrar, District Chittorgarh, for offences under Sections 8/15 and 8/29 of the NDPS Act.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
[2023:RJ-JD:37188]
[CRLMB-13784/2023]
(2 of 2)
Learned counsel for the petitioners submits that the contraband recovered from the petitioners is below commercial quantity. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor has opposed the bail application.
Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Ganga Singh S/o Shri Shaitan Singh Rajput and (2) Umesh S/o Shri Amaru Thori arrested in connection with F.I.R. No.257/2023 registered at Police Station Gangrar, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
302-Tikam/-
3 issues framed by the court
Whether bail shall be granted to the petitioners accused under the NDPS Act.
Whether the quantity of contraband being below commercial quantity warrants bail.
Whether the trial being lengthy justifies release on bail.
2 provisions across 2 enactments
Ganga Singh
Umesh
State Of Rajastan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
