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Jaswant Singh vs State Of Rajashan

Rajasthan High Court · Decided on 4 January 2021 · Citation: (2021) 01 RAJ CK 0001

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, 15, 21, 22 · Evidence Act, 1872 — Section 27
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14825 Of 2020
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Judgment

17 paragraphs · 328 words

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus

(COVID-19).

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.125/2020, Police Station Kesrisinghpur, District Sriganganagar for the offence under Sections 8/15, 21, 22 & 29 of the N.D.P.S. Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that neither the contraband has been

recovered from the present petitioner nor he was present at the place of recovery of contraband. Learned counsel further submits that except the

statement of the co-accused Gurmelram recorded under Section 27 of the Evidence Act, there is no other evidence on record to connect the present

petitioner with the offence alleged in the present case. The conclusion of the trial will take sufficient long time. Therefore, it is prayed that the

petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation

of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Jaswant Singh S/o

Shri Bhan Singh arrested in connection with F.I.R. No.125/2020, Police Station Kesrisinghpur, District Sriganganagar 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.