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Sorabh Sansi @ Tinku vs State Of Rajasthan

Rajasthan High Court · Decided on 6 January 2021 · Citation: (2021) 01 RAJ CK 0069

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 21, 25 · Rajasthan Excise Act, 1950 — Section 16, 54
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14628 Of 2020
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Judgment

17 paragraphs · 344 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.316/2020 registered

at Police Station Bhinai, District Ajmer for the offence(s) under Section(s) 8/21 of N.D.P.S. Act and later on for offence under Sections 8/21 and

8/25 of N.D.P.S. Act.

It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He submits that the contraband

allegedly recovered from the possession of the petitioner is less than commercial quantity, he is in custody since 05.11.2020, investigation as against

him is complete and prays for his release on bail.

Opposing the bail application, it is contended by learned Public Prosecutor that there is one more criminal case pending against the petitioner under

Section 16/54 of the Rajasthan Excise Act, 1950 and hence, the petitioner does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody and

the material available in the case diary; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioner Sorabh Sansi @ Tinku S/o Shri Jaswant Sansi shall be released on

bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond

in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

However, looking into the criminal antecedents of the petitioner and nature of offence, it is made clear that in case the petitioner is found involved in

offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.