CourtKutchehry.com
High CourtsSingle Bench

Boota Singh @ Jagmati vs State Of Rajasthan, Through Pp

Rajasthan High Court · Decided on 1 May 2020 · Citation: (2020) 05 RAJ CK 0003

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, 22, 29 · Indian Penal Code, 1860 — Section 229A
CASE NUMBER
Criminal Miscellaneous Bail Application No. 4257 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 347 words

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.18/2020, Police Station Talwara, District Hanumangarh, for the offences under Sections 8/21, 22 and 29 of NDPS Act.

It is stated in the application that the allegation against the petitioner is that he had supplied the contraband substance to the co-accused.

It is clear from the record that the main accused from whom recovery of the capsules in question was made, himself has been enlarged on bail by this court vide its order dated 04.03.2020.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case and without giving 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.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Boota Singh @ Jagmati S/o Shri Amar Singh, arrested in FIR No.18/2020, Police Station Talwara, District Hanumangarh 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.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28.05.2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.