High CourtsSingle Bench

Harish Kumar vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 26 February 2024 · Citation: (2024) 02 RAJ CK 0136

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous. Bail Application No. 1851 Of 2024
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Judgment

6 paragraphs · 268 words

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.190/2020 Police Station Jamsar, District Bikaner for the offence punishable under Sections 8/15, 29 of NDPS Act.

Counsel for the petitioner submits that no recovery was made from the possession of the present petitioner and he was implicated in this case with the aid of Section 29 of NDPS Act. Counsel further submits that the main accused in this case viz. Jagdish Singh and Harmesh Singh @ Kalu have been granted bail by this Court. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor vehemently 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, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Harish Kumar S/o Pratap Ram, shall be released on bail in connection with FIR No.190/2020 of Police Station Jaamsar, District Bikaner provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent surety of Rs.1,00,000/- 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.