This is a bail application filed for a petitioner lodged in judicial custody for offences under the NDPS Act. The High Court reviewed the case, noted the long custody period, and granted bail directing the execution of a personal bond.
Petitioner granted bail on Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial court.
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[2023:RJ-JD:43261]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 3991/2023
Ajay Kumar S/o Sh. Indrajeet, Aged About 45 Years, R/o H.no. 2/217, Housing Board Hanumangarh At Present R/o H.no. 36, Nehra Nagar Sri Ganganagar (Raj.). (At Present Lodged In Dist. Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Om Singh Chauhan For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/12/2023
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.458/2018, Police Station Sadar, District Sriganganagar registered for the offence punishable under Sections 8/21, 25 and 29 of NDPS Act.
The first bail application was dismissed by this Court vide order dated 22.09.2020.
Learned counsel for the petitioner submits that similar situated co-accused Sunu @ Sandeep Kumar has already been granted bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the coaccused. The petitioner is in judicial custody since 26.12.2018 and the trial of the case will take sufficiently long time. With these
(2 of 2)
[2023:RJ-JD:43261]
[CRLMB-3991/2023]
submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of 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, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ajay Kumar S/o Sh. Indrajeet shall be released on bail in connection with F.I.R. No.458/2018, Police Station Sadar, District Sriganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.
(MANOJ KUMAR GARG),J
136-Rashi/-
1 issue framed by the court
Whether bail should be granted to the accused-petitioner who is in judicial custody for an extended period while trial is likely to take a long time.
2 provisions across 2 enactments
Ajay Kumar S/o Sh. Indrajeet
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
