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Baljindra Singh And Ors vs State of Rajasthan

Rajasthan High Court · Decided on 5 March 2020 · Citation: (2020) 03 RAJ CK 0051

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 21, 22
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 13064 Of 2019, 1364 Of 2020
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Judgment

22 paragraphs · 371 words

@JUDGEMNTTAG-JUDGMENT

Vinit Kumar Mathur, J

S.B. Criminal Misc. Bail Application No. 1364/2020

1.

Learned counsel for the petitioner does not wish to press the present bail application filed under Section 439 of Cr.P.C. on behalf of the petitioner -

Baljindra Singh at this stage.

2.

Dismissed as not pressed.

S.B. Criminal Misc. Bail Application No. 13064/2019

3.

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

246/2019, Police Station Goluwala, District Hanumangarh for the offences under Sections 8/21 & 22 of the N.D.P.S. Act.

4.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

5.

Learned counsel for the petitioner submits that neither there is any recovery of the medicines in question from the petitioner nor the petitioner was

found present at the place of incident, when the recovery of the tablets in question was made. He further submits that except the statement of the co-

accused, there is no other evidence available against the present petitioner in this case connecting him with the recovery of medicines in question. He

further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long time. He, therefore, prays

that the present petitioner may be enlarged on bail.

6.

Learned Public Prosecutor opposes the bail application.

7.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the

petitioner is entitled for grant of bail under Section 439 of Cr.P.C.

8.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Vinod Kumar

S/o Radheshyam arrested in connection with F.I.R. No. 246/2019, Police Station Goluwala, District Hanumangarh shall be released on bail provided

he furnishes a personal bond of Rs. 1,00,000/- (Rupees: One Lac Only) with two sureties of Rs. 50,000/- (Rupees: Fifty Thousand Only) each to the

satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.