High CourtsSingle Bench

Brijlal vs State

Rajasthan High Court · Decided on 24 February 2020 · Citation: (2020) 02 RAJ CK 0490

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, 25, 29 · Drugs and Cosmetics Act, 1940 — Section 18C, 27 B(II)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 493 Of 2020
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Judgment

15 paragraphs · 317 words

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.219/2018, Police Station- Goluwala District Hanumangarh for the offences under Sections 8/21, 22, 25, 29 of NDPS Act and section 18 C/27 B

(II) of Drugs and Cosmetics Act.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

Counsel for the petitioner submits that co-accused Jaipal and Bhura Ram @ Aman Dahiya have already been released on bail by a coordinate bench

of this court vide orders dated 04.01.2020 and 28.01.2020. He further submits that the charge sheet has already been filed in the case. The petitioner

has only been charge-sheeted for the offence under section 8/29 of NDPS Act and no recovery of tablet in question has been made from the present

petitioner. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application. 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Brijlal S/o Shri Sohan Lal shall be

released on bail in connection with FIR No.219/2018, Police Station- Goluwala District Hanumangarh provided he executes a personal bond in a sum

of Rs.1,00,000/-(Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of

the 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.