Rafiq @ Raju vs State

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.190/2016 of Boranada Police Station, District Jodhpur for the offences under Sections 8/18, 27-A, 28, 29 of of NDPS Act & under Sections 467, 468, 471, 120-B of IPC.

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 Madansingh has already been granted bail by this Hon'ble Court vide order dated 21.02.2019 passed in S.B. Criminal Misc. Bail No.2168/2019. The said order dated 21.02.2019 reads as follows:-

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

The petitioner has been arrested in FIR No.190/2016 of Police Station Boranada, Jodhpur for the offences punishable under Section 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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 petitioner Madansingh S/o Sh. Hukamsingh shall be released on bail in connection with FIR No.190/2016 of Police Station Boranada, Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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."

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 25.12.2018. 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.190/2016 of Boranada 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.