Surendra Singh @ Shailendra vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.11/2020 registered at Police Station Rawla, District Sri Ganganagar for the offences under Sections 8/21 and 22 of the NDPS Act.

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

Learned counsel for the petitioner submitted that from the perusal of the report dated 06.09.2023 received from the office of the Dy. Jailor, Sub-Jail, Anupgarh, District Sri Ganganagar placed on record by the Public Prosecutor, it is apparent that petitioner is a HIV positive. Learned counsel for the petitioner submitted that the petitioner requires regular medical attention and treatment. Learned counsel submitted that looking to the ailment of the petitioner, it would be appropriate if he remains in the constant care and affection of his family members. The petitioner is in judicial custody since 16.11.2020 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the seriousness of the alleged offences committed by him, the present bail application may be rejected. However, he was not in a position to dispute the factum with regard to illness of the petitioner.

Having considered the rival submissions, facts and circumstances of the case so also the fact that the petitioner is HIV-positive; investigation in the matter has already been completed; and trial of the case is likely to take long time to complete; this Court is of the view that rigors contained in Section 37 deserve to be relaxed in the present case.

In view of the above, without expressing any opinion on merits/demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Surendra Singh @ Shailendra S/o Tarsem Singh arrested in connection with F.I.R. No.11/2020 registered at Police Station Rawla, District Sri Ganganagar shall be released on bail, if not wanted in any other case, provided he 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 his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.