Suresh vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.225/2017 registered

at Police Station Modak, District Kota (Rural) for the offence under Section(s) 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for

short 'the Act of 1985') and later on for the offence under Section(s) 8/15 & 8/29 of the Act of 1985.

It is contended by learned counsel for the petitioner that there is material contradiction in the interrogation note of the co- accused Jagdish Singh, from

whose possession the contraband was allegedly recovered and the information furnished by him under Section 27 of the Evidence Act on the aspect

as to who had handed over him the car with contraband. He submitted that the petitioner is in custody since 17.11.2020, investigation as against him is

complete, co-accused Jagdish Singh and Rimpi Singh have been extended benefit of bail by this Court vide order dated 12.09.2019 and 03.08.2018

respectively and prayed for his release on bail.

Opposing the bail application, it is contended by the learned Public Prosecutor that there are three other criminal cases pending against the petitioner

under the provisions of the Act of 1985 and hence, the petitioner does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioner, 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 Suresh S/o Shri Mangilal 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 to the nature of offence and criminal antecedents of the petitioner, it is made clear that in case the petitioner is found involved in

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