Rafiq @ Raju vs State Of Rajasthan

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 FIR No.162/2016 of Luni Police Station, District Jodhpur for the offences under Sections 8/15 & 8/29 of NDPS Act.

It is submitted by learned counsel for the petitioner that the contraband which was recovered from the petitioner is less than commercial quantity.

Learned counsel for the petitioner states that co-accused Pradeep and Smt. Sumata @ Sunita have already been granted bail by this Hon'ble Court vide order dated 12.01.2017 passed in S.B. Criminal Misc. Bail No.11222/2016. The said order dated 12.01.2017 reads as follows:-

"Being arrested in connection with FIR No.162/2016 of Police Station Luni, Jodhpur for offences under Sections 8/15, 25, 29 of the N.D.P.S. Act & Sections 467, 468, 471, 379 & 411 IPC, accused-petitioners have laid bail application under Section 439 Cr.P.C.

It is argued by learned counsel for the petitioners that the contraband which was recovered from the petitioners is less than commercial quantity. Learned counsel further that petitioners are in judicial custody since last more than two months and charge-sheet has been filed in the matter.

Learned Public Prosecutor has opposed the bail application in general.

Having heard learned counsel for the petitioners as well as learned Public Prosecutor, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioners by enlarging them on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused petitioners, (1) Pradeep S/o Pema Ram (2) Smt. Sumata @ Sunita W/o Raju Ram arrested in connection with F.I.R. No.162/2016, Police Station Luni, Jodhpur may be released on bail; provided they furnish a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- 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."

Heard learned counel for the petitioners and the learned Public Prosecutor.

This Court takes note of the fact that neither the petitioner was arrested on the spot, nor the recovery has been made from him. This Court also takes note of the fact that the petitioner is in custody since 07.01.2019. As per the prosecution, the connection of the petitioner with the alleged offence has been at the instance of the accused persons.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the Bar, as also the fact that similarly sitatued co-accused persons have arleady been enlarged on bail, this Court is of the opinion that this bail application deserves to be accepted.

Consequently, the present bail application under Section 439 of Cr.P.C. is allowed and it is ordered that accused-petitioner Rafiq @ Raju S/o Shri Munshi Khan, arrested in connection with F.I.R. No. 162/2016 of Luni Police Station, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.