Surender Kumar And Others vs State Of Rajasthan

Madan Gopal Vyas, J

The petitioners have been arrested in connection with FIR No.16/2023 of Police Station Sangaria, District Hanumangarh for the offence punishable under Section 8/15 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

Surender Kumar, brother-in-law of the petitioner No.2 and Ms. Kamlesh, live-in partner of the petitioner No.1 submits that the petitioners have falsely been implicated in the present case and the recovered contraband is below commercial quantity. They further submitted that co-accused Kamlesh @ Komal W/o Amar Chand has already been enlarged on bail by this Court vide order dated 06.02.2023. The accused-petitioners are behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioners are habitual offenders.

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 petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Surender Kumar S/o Sh. Banwari Lal (2) Satpal @ Gandhi S/o Sh. Khalyi Ram shall be released on bail in connection with FIR No.16/2023 of Police Station Sangaria, District Hanumangarh provided they execute personal bonds in a sum of Rs.1,00,000/-each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.