High CourtsSingle Bench

Amarjeet Singh vs State Of Rajasthan

Rajasthan High Court · Decided on 2 January 2024 · Citation: (2024) 01 RAJ CK 0009

HON’BLE JUDGES
Dinesh Mehta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 16351 Of 2023
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Judgment

9 paragraphs · 315 words

Dinesh Mehta, J

1.

The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 292/2023 registered at Police Station Hindumalkot, District Sri Ganganagar for the offence under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

2.

Learned counsel for the applicant submitted that the quantity of contraband substance recovered (98 grams smack) is below commercial and all the co-accused namely Manjeet Singh @ Mannu, Gurpreet Singh and Sandeep Singh @ Tinkku, have already been enlarged on bail by this Court vide separate orders dated 18.12.2023 and 20.12.2023 in S.B. Cr. Misc. Bail Application Nos. 15808/2023 and 16207/2023.

3.

While asserting that no other case is pending against the applicant, learned counsel prayed that the applicant, who is behind the bars since 15.11.2023, be enlarged on bail.

4.

Learned Public Prosecutor vehemently opposed the bail application.

5.

Heard learned counsel for the parties and perused the relevant material available on record.

6.

Considering that the alleged recovered contraband substance (smack) is below commercial quantity (98 grams) and that no similar nature of case is pending against the applicant and that the co-accused persons have been enlarged on bail, this Court deems it just and proper to grant bail to the accused applicant under Section 439 Cr.P.C.

7.

Consequently, the present bail application filed under Section 439 Cr.P.C. is allowed. The applicant Amarjeet Singh S/o Shri Chimansingh Raisikh arrested in connection with the FIR No. 292/2023 registered at Police Station Hindumalkot, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/-each to the satisfaction of the trial Court.

8.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.