High CourtsSingle Bench

Sunil Kumar And Others vs State Of Rajasthan

Rajasthan High Court · Decided on 26 July 2023 · Citation: (2023) 07 RAJ CK 0082

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 15, 25, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 9146, 9147, 9148, 9149 Of 2023
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Judgment

8 paragraphs · 292 words

Kuldeep Mathur, J

These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.168/2023 registered at Police Station Rajiyasar, District Sri Ganganagar, for offences under Sections 8/15, 25 and 29 of the NDPS Act.

Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submitted that the contraband recovered from the petitioners is below commercial quantity. No case of similar nature is pending against the petitioners. Learned counsel submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

Consequently, these bail applications under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Sunil Kumar S/o Manphool Ram, (2) Naveen Bishnoi S/o Sh. Hans Raj, (3) Richh Pal @ Kala Mistri S/o Sh. Gurdev Singh and (4) Vishal Kumar S/o Sh. Bhawani Shankar arrested in connection with F.I.R. No.168/2023 registered at Police Station Rajiyasar, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

A copy of this order be placed in each file.