Saurabh Midhha vs State Of Rajasthan
2021 Latest Caselaw 12323 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10333/2021

Saurabh Midhha S/o Subhash Chandra, Aged About 38 Years, R/ o House No. 58 Gali No. 11 Indra Colony, Sri Ganganagar. (At Present In Central Jail, Sri Ganganagar)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

06/08/2021

This is a second bail application filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.257/2021, Police Station Jawaharnagar Sadar District

Sriganganagar for offence under Section 8/21 of the NDPS Act.

The fist application for bail filed on behalf of the petitioner

was dismissed by this Court while investigation was still pending.

107 grams of contraband heroin was recovered from the bag in

possession of the petitioner. Investigation has been completed and

charge-sheet has been filed in the court concerned. The recovered

contraband weighs well below the commercial quantity. Thus, the

restrictions contained in Section 37 of the NDPS Act do not apply

in this case.

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.

(2 of 2) [CRLMB-10333/2021]

Accordingly, the instant bail application is allowed and it is

directed that the accused-petitioner Saurabh Midhha S/o Subhash

Chandra arrested in connection with the F.I.R. No.257/2021

registered at Police Station Jawaharnagar Sadar District

Sriganganagar shall be released on bail provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each 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.

(SANDEEP MEHTA),J

88-Sudhir Asopa/-

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