Sunil vs State Of Rajasthan

Rajendra Prakash Soni, J

The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report Number 55/2023 of Police Station Dangiawas District Jodhpur in respect of offence(s) punishable under Section(s) 8/21 of NDPS Act.

Heard the arguments advanced by learned counsel for the applicant, learned public prosecutor and carefully perused the entire material available in case diary.

The petitioner was apprehended on 20.04.2023 while being in possession of 13 grams MD. Investigation and trial are likely to consume time. The recovered contraband weighs below the commercial quantity therefore, recording of finding envisaged under Section 37 of the Act is not a sine qua non for granting bail.

Per contra, learned Addl. Advocate General has opposed the bail application and submitted that in the facts of the present case, it is expedient that accused be kept in the custody.

In this background and having regard to the overall facts and circumstances of the case as available on record, this Court is inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that the accused-petitioner Sunil S/o Dhanna Ram arrested in connection with the F.I.R. No.55/2023 registered at Police Station Dangiawas, District Jodhpur shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount 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. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.