Makhan Singh vs State Of Rajasthan
2021 Latest Caselaw 3255 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1800/2021

1. Makhan Singh S/o Somnatha, Aged About 32 Years, Sainimajra, Police Station Nurpurbedi, District Roopnagar, Punjab. (At Present Lodged In Sub Jail, Ratangarh).

2. Prabhjeet Singh S/o Saroop Singh, Aged About 28 Years, Rajgiri Police Station Nurpurbedi, District Roopnagar, Punjab. (At Present Lodged In Sub Jail, Ratangarh).

----Petitioners Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. S.K. Poonia For Respondent(s) : Mr. Sharwan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/02/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.26/2021 of Police Station Taranagar, District Churu for

the offence(s) punishable under Section(s) 8/15, 29 of

the NDPS Act. He/She/They has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner does not want to

press the bail application preferred on behalf of

Petitioner No. 2 Prabhjeet Singh S/o Saroop Singh,

however, seeks liberty for him to file a fresh bail

(2 of 3) [CRLMB-1800/2021]

application before the trial court after filing of the charge-

sheet.

Accordingly, the bail application preferred on behalf

of Petitioner No. 2 Prabhjeet Singh S/o Saroop

Singh is dismissed as not pressed with the liberty sought

for.

So far as Petitioner No. 1 Makhan Singh S/o

Somnatha is concerned, it is submitted that narcotic

contraband poppy straw weighing 13 kg alleged to have

been recovered in the matter is below commercial

quantity.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner No. 1 Makhan Singh

S/o Somnatha under Section 439 Cr.P.C.

Accordingly, the bail application(s) filed under

Section 439 Cr.P.C. preferred on behalf of petitioner No.

1 Makhan Singh S/o Somnatha is allowed and it is

directed that he shall be released on bail in connection

with FIR No.26/2021 of Police Station Taranagar, District

Churu provided he/she/they execute(s) a personal bond

in a sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned

trial court for his/her/there appearance before that court

(3 of 3) [CRLMB-1800/2021]

on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

78-mohit/-

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