Nihal Singh vs State
2021 Latest Caselaw 4772 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2512/2021

1. Nihalchand S/o Mohanlal, Aged About 22 Years, Udasar, P.s. Panchu, District Bikaner. (Lodged At Sub Jail Suratgarh, District Sri Ganganagar).

2. Sawarlal S/o Bhanwarlal, Aged About 27 Years, Kudsu, P.s. Panchu, District Bikaner. (Lodged At Sub Jail Suratgarh, District Sri Ganganagar).

----Petitioners Versus State of Rajasthan through P.p.

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/02/2021 The application (Inward no. 01/21) preferred on behalf of

the petitioners for correction in the name of petitioner No.1 is

considered and allowed. Let name of petitioner No.1 be corrected.

Amended cause title already filed be taken on record.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.20/2021 of

Police Station Rajiyasar, District Sri Ganganagar for the offences

punishable under Sections 8/15, 29 of NDPS Act. They have

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that

narcotic contraband poppy straw alleged to have been recovered

(2 of 2) [CRLMB-2512/2021]

in the matter is 40 kgs, which is below commercial quantity.

Learned Public Prosecutor has opposed the bail application.

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, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Nihalchand S/o

Mohanlal and Sawarlal S/o Bhanwarlal shall be released on bail in

connection with FIR No.20/2021 of Police Station Rajiyasar,

District Sri Ganganagar provided each of them executes 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 appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(VIJAY BISHNOI),J

45-Arun/-

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