High Court allowed bail applications filed by two accused-petitioners involved in NDU Act offences. The court granted bail under Section 439 Cr.P.C. requiring personal bonds and sureties.
Petitioners released on bail via personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to appear till trial completion.
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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 337/2023
Rahul S/o Bhagta Ram Saini, Aged About 22 Years, R/o Shahpura Begu Ps Sirsa Tehsil And Dist. Sirsa Haryana (Presently Lodged At Jail Nohar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 338/2023 Imran S/o Hasan Khan, Aged About 24 Years, R/o Ward No. 26 Presently Ward No. 34 Nohar Dist. Hanumangarh Raj. (At Present Lodged In Jail Nohar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Vinod Kumar Sihag |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyaar Khan,P.P. |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
13/01/2023
The petitioners have been arrested in connection with FIR No.589/2022 of Police Station Nohar, Hanumangarh for the offences punishable under Sections 8/21 and 29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. It is further
(2 of 2)
[CRLMB-337/2023]
submitted that recovered contraband is below commercial quantity. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail applications.
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 petitioners under Section 439 Cr.P.C.
Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners, (1) Rahul S/o Bhagta Ram Saini, and (2) Imran S/o Hasan Khan shall be released on bail in connection with FIR No.589/2022 of Police Station Nohar, Hanumangarh provided each of them executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(MADAN GOPAL VYAS),J
90-91 Bharti/-
1 issue framed by the court
Whether bail should be granted in NDU Act offences where the quantum is below commercial and accused are in judicial custody.
2 provisions across 2 enactments
Rahul S/o Bhagta Ram Saini
Imran S/o Hasan Khan
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
